REQUEST FOR
PROPOSALS (RFP) -
PARKING
ENFORCEMENT
SERVICES
Burbank Police Department
RFP
Number: BPD-2022-001
Issued: October 31, 2022
Q&A Deadline: November 11, 2022
Proposals Due: November 29, 2022
PROPOSALS MUST REMAIN VALID FOR 120 DAYS FROM DUE DATE.
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TABLE OF CONTENTS
1. INTRODUCTION ..................................................................................................................................... 3
2. OBJECTIVE ............................................................................................................................................. 3
3. DEFINITIONS .......................................................................................................................................... 3
4. BACKGROUND ....................................................................................................................................... 3
5. LOCATION .............................................................................................................................................. 4
6. PROCUREMENT SCHEDULE ................................................................................................................... 4
7. QUESTIONS/REQUESTS FOR CLARIFICATION ........................................................................................ 4
8. ADDENDA AND NOTICES ....................................................................................................................... 5
9. SCOPE OF SERVICES .............................................................................................................................. 5
10. P
ROPOSAL CONTENT ............................................................................................................................. 5
11. EVALUATION CRITERIA AND REVIEW PROCESS .................................................................................... 8
12. OTHER SOLICITATION GENERAL REQUIREMENTS ............................................................................... 10
13. ANTICIPATED PSA AWARD AND PERFORMANCE TERM ...................................................................... 12
14. REQUIRED DOCUMENTS ..................................................................................................................... 13
15. PROPOSAL SUBMISSION INSTRUCTIONS ............................................................................................ 13
ATTACHMENTS:
ATTACHMENT A – SCOPE OF SERVICES, TECHNICAL AND FU
NCTIONAL REQUIREMENTS
ATTACHMENT B – PROPOSED PRICE SHEET
ATTACHMENT C – SAMPLE PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT D – COVID‐19 POLICY
ATTACHMENT E – NON‐COLLUSION DECLARATION
ATTACHMENT F – STANDARD LIQUIDATED DAMAGES
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CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
1. INTRODUCTION
The City of Burbank’s Police Department (BPD ) seeks the provision of comprehensive parking enforcement services through a cont ractual partnership with a well-qua lified Contractor. The selected Contractor will conduct parking enforcement services throughout the City of Burbank (City), to include the downtown business districts, residential street parking districts, designated street sweeping areas, and all parking restrictions, without the City incurring capital outlay.
The City requires a well-managed, experienced, and financially secure Contractor with demonstrable skills and technical ability to provide high levels of customer service and satisfaction fulfilling the requirements outlined in this RFP. Qualified Contractors shall have at least 10 years of experience with municipalities and provide verifiable references from those municipalities where comparable services have been or are currently being provided.
2. OBJECTIVE
To successfully contract and utilize the services of a Contractor to provide parking-related enforcement services as fully described within this RFP.
3. DEFINITIONS
The words (A) "City", (B) "Department", (C) "Directo r", or (D) "Contractor", “Respondent”, “Proposer”, and “Vendor”, as used in this RFP, shall be understood to refer respectively to:
A. the City of Burbank, California;
B. the Burbank Police Department;
C. the Chief of Police; or any of his duly authorized deputies; and D. either/and
a. the firm or corporation with whom the City may enter into an agreement, or b. an agent or legal representative who may be appointed to represent such firm or corporation in the signing and performance of any agreement resulting from this competitive solicitation.
4. BACKGROUND
The City of Burbank was incorporated in 1911 and currently has a population of approximately 100,000 residents. Burbank is the fourteenth largest city in Los Angeles County and is located northeast of Los Angeles in the foothills of the Verdugo Mountains. Burbank is traversed by the Golden State (5) and Ventura (134) freeways and home to Hollywood Burbank Airport. Burbank is noted for its excellent residential areas, schools, shopping facilities, libraries, parks, hospitals, business environment, and motion picture production companies.
Burbank is one of the most livable cities in S outhern California, with beautiful well-established residential neighborhoods, a walkable downtown distri ct, a top-rated school system, and numerous parks and recreational facilities located all within the 17.3 sq uare miles of the City. The Burbank Town Center mall offers a choice of more than 170 retail shops, restaurants, entertainment venues and lifestyle choices.
The Empire Shopping Center is one of Los Angeles’ highest grossing shopping centers and is the go-to destination for major national retailers and great restaurants. Burbank offers a variety of other banking, ATTACHMENT 2
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financial, entertainment and business institutions that increase the daytime population to well over 250,000.
The City has approximately 3,364 public parking spaces in seven (7) downtown parking garages and eight (8) surface parking lots which offer between 2-4 hours of free parking. Burbank also has 196 streets or sections designated as preferential parking distri cts that are controlled with parking restricted signage, along with many time-restricted areas. Approximately 90 % of all streets are rest ricted for street sweeping services during the week. During Fiscal Year 2020- 21, Burbank Police Department Parking Control Unit issued approximately 42,282 parking citations. Most of these citations were issued for Street Sweeping, Overtime Parking, and Parking Contrary to Posted Signs.
5. LOCATION
The Burbank Police Department is located at 200 North Third Street, Burbank, CA 91502. Services will be conducted throughout the bo undaries of the City of Burbank, as demonstrated within the maps included in Attachment A – Scope of Services, Technical and Functional Requirements.
6. PROCUREMENT SCHEDULE
The anticipated schedule for this competitive sele ction process is listed on the following page. The schedule is subject to change at the sole discretion of the City. Please check the PlanetBids website for the latest schedule.
Procurement Phase Date
RFP Issued by City October 31, 2022
Deadline for submission of written questions or
requests for clarification
November 11, 2022
Proposals Due November 29, 2022
Evaluation Period December 1 – 15, 2022
Published Notice of Intent to Award December 19, 2022
Recommendation of PSA Award to City Council January 10, 2023 Service Commencement Date Target March 1, 2023
7. QUESTIONS/REQUESTS FOR CLARIFICATION
No interpretation or clarification regarding this RFP will be made verbally to any firm. Any inquiries or requests for clarification concerning this procurement must be in writ ing and submitted through the City’s e-procurement website portal, PlanetBids, via the Q&A tab. Any substantive replies will be issued as a written addendum and posted on PlanetBids. No questions or requests for clarifications will be accepted after 5:00 p.m. on November 11, 2022.
All communications during the procurement process shall be to the exclusive attention of Alisa DeHoyos, Purchasing Manager through the PlanetBids portal. Questions submitted via any other method will not be considered. Questions received after the deadline will not be addressed.
When submitting a request for interpretation via the Q&A tab, Proposers are encouraged to reference ATTACHMENT 2
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the RFP or Attachment page and section pertinent to the question(s). Proposers shall not rely upon any oral instructions given by the City.
Any questions submitted after the date and time specified will not be considered.
8. ADDENDA AND NOTICES
It shall be the Proposer’s responsibility to check the City’s PlanetBids website to obtain any addenda that may be issued and to receive any information/not ices for this project. It is the Proposer’s sole responsibility to maintain and update their contact information within their PlanetBids vendor profile and to verify the accuracy of their contact information contained therein.
9. SCOPE OF SERVICES
The Scope of Services is attached and incorpor ated herein as Attachment A – Scope of Services, Technical and Functional Requirements.
10. PROPOSAL CONTENT
Proposers are required to follow the described format and assemble their proposal as outlined below.
The content of the proposal must be clear, concis e, and complete. Please refrain from including canned marketing materials but rather include information wh ich specifically describes solutions contained within the listed proposal requirements.
The proposal shall be limited to a maximum of 60 (8.5 x 11 inch, letter-sized) pages in 10 pt. font size and submitted in .pdf format, unlocked, without password protection. The page count does not include the cover letter, the sample certificate of insurance, th e table of contents, resume s, the sample agreement acknowledgment statement, nor section dividers.
Proposals not submitted in the manner described will be considered non-responsive and be subject to rejection. Each topic within the proposal shall be organized by section dividers as follows:
i. Cover Letter - Not to Exceed two pages and shall include:
a. Proposer’s contact information – provide the name, title, telephone, and email of the contact responsible for communication with the City regarding Proposer’s proposal.
b. Rationale for Award: Present the case for Proposer’s appointment and reasons why Proposer would best serve as the City’s Parking Enforcement services provider. Proposer may include in this section any additional material it deems relevant to our relevant to our program and key to its success. Indicate what key factors have made the Proposer successful in the implementation of simila r parking enforcement programs for other municipalities.
c. Signature of person(s) authorized to legally bind the entity submitting the proposal.
d. Potential Conflicts: Provide a brief statement as to whether Proposer and/or its team has any potential conflicts that may arise in the performance of the services requested in this RFP.
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ii. Table of Contents
The Table of Contents shall clearly list the gener al content of each section divider tab with corresponding page numbers.
iii. Firm Background
a. Legal name and physical business street address, as well as address of servicing office, if not the same address as Proposer’s headquarters office. b. Number of years in business under the business name set forth in the proposal and the current number of employees.
c. Include a brief description of the organization’s history, capabilities, resources, structure, ownership, size and services.
iv. Relevant Experience and Firm Qualifications
Proposer shall describe the firm’s significant, in-depth knowledge, past performance and experience relating to the management of a municipal parking enforcement program. Proposer must describe three (3) similar projects currently engaged in or completed within the last five years, demonstrating successful implementation of a parking enforcement services solution for municipal, state or federal government law enforcement agenci es. If more than three reference projects are submitted, only the first three listed reference projects will be considered for evaluation. Proposer shall include with all references the entities’, companies’ or organizations’ names and addresses, names of responsible contact persons with te lephone and email contact information and shall describe Proposer’s success in meeting the various projects’ budgets, objectives and schedules.
It is the Proposer’s responsibility to verify accurate, current contact information for submitted references, as any contacts/references that cannot be reached to verify experience may be disqualified as a valid reference.
v. Operational Approach/Implementation Methodology
BPD prefers to engage a single company (prime contractor) that will self-perform and manage the entire proposed service implementation and ongoing project management. Provide all relevant information concerning th e ability to provide parking enforceme nt services during the complete duration of the proposed performance term. Su bcontracted services are permissible upon prior notification, review, and written approval by the City’s designated official.
Describe the Contractor’s underst anding of the City’s proposed Scope of Services and the objectives to be accomplished for this service. Provide a detailed description of methodology, hardware, and software for issuing citations, enforcement techniques, office/administrative support, and accounting practices and procedures. Describe in detail the Contractor’s management, technical and organizational approach, resources, and controls to be utilized to successfully accomplish project planning, risk management, quality control, budget adherence, schedule requirements and implementation for all propos ed services, including a proposed project implementation schedule.
BPD will only accept Contractor personnel who have experience with the provision of parking enforcement services and can demonstrate a successf ul record at locations of similar size and complexity as the BPD project. Describe Contractor’s project management qualifications.
Identify proposed staffing resources as described in Attachment A – Scope of Services, Technical and Functional Requirements under Subsection 3.4 Operation and Maintenance Plan. Provide an ATTACHMENT 2
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organizational chart for proposed project personnel including proposed subcontractors if applicable and indicate the tasks to be assigned to subcontractors.
Describe the roles and responsibilities for all key Contractor personnel and provide resumes for all key Contractor personnel that will be assigned to the project, describing the specific role they will play in the performance of the services reques ted. Name a project manager and describe the specific experience and training that candidate has obtained in order to successfully lead a project team in the planning, implementation, launch and ongoing project management of a successful parking enforcement program. Please review A ttachment A – Scope of Services, Technical and Functional Requirements, Subsection 3.5 Staffing for additional information related to proposed staffing level requirements.
Description of facilities and specific equipment t hat BPD would be required to furnish for on-site staff.
Describe the proposed conflict resolution proce ss if performance problems are encountered with Contractor personnel.
BPD understands the implementation of the prop osed services may introduce new business processes and possibly a change in some policies, procedures and/or training protocols. Describe any change management solutions provided by t he Contractor that are a component of the proposal.
Note: All Contractor personnel assigned shall be required to undergo a criminal history check and maintain a satisfactory status during their assign ment to provide services in Burbank. Off-site personnel may also be subject to a criminal history check. Please note that arrangements for required criminal history checks should be made in advance with appropriate BPD personnel. BPD reserves the right to reject any personnel for any reason and its sole discretion. All key personnel will be required to sign a confidentiality agreement for access to sensitive data.
vi. Operating in a Public Safety Environment
Fully describe the Contractor’s experience in t he provision of parking enforcement services in a public safety environment, citing specific challenges and how to manage those challenges successfully while minimizing risk.
vii. Innovations
Provide any technical or procedural innovations that have been used successfully at other municipalities or counties that may provide the City with improved service delivery. This may include unique services, new ideas, concepts, and approaches to parking enforcement services that may be beneficial to the City.
viii. Price Proposal
Complete the Proposed Price Sheet (Attachment B). The Contractor’s pricing shall include, without limitation:
1. All equipment, materials, labor, insurance premiums, home office, jobsite, and other overhead, profit and services relating to the Contractor’s performance of its obligations under the Agreement (including all work, equipment, ma terials, labor, and services provided by ATTACHMENT 2
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subcontractors and intellectual property rights necessary to perform the work);
2. Performance of each and every portion of work;
3. All costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Burbank;
4. All costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Burbank;
5. All taxes, duties, permits, licenses and other fees or royalties incident to the performance of the Scope of Services;
6. Payment of all salaries, wages, benefits, and expenses of the Contractor’s employees;
7. Compensation for all risks, liabilities, and contingencies assigned to the Proposer; and
8. All other costs needed or incurred to provide services. ix. Sub-Contractors (if applicable):
Identify any sub-contractors that will be used to provide services under an agreement with the City.
Include a detailed description of their involvement, scope of services, background, and responsibilities. The price pr oposal shall be inclusive of all work to be conducted by sub- contractors. All payments for services perform ed (via the PSA between the Contractor and the City) shall be billed by and paid to the prime Contractor. See Section 12.xiv for additional information regarding the use of subcontractors.
x. Required Forms
Include a Sample Agreement Acknowledgement Statem ent as described in Section 12. i. and a sample Certificate of Insurance as described in Section 12.ii. Sign and return Attachment D – COVID-19 Policy and Attestation, Attachment E – Non-Collusion Declaration, and Attachment F – Standard Liquidated Damages.
11. EVALUATION CRITERIA AND REVIEW PROCESS
Evaluation of the proposals will be based on the competitive selection process as described within this section. This RFP has been structured to provide criteria which function as a standardized framework for the evaluation of a prospective contractor’s qualifications. The City reserves the right to reject any and all proposals.
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An evaluation team comprised of City personnel wi ll score responsive proposals using the following weighted criteria:
1. Responsiveness and Comprehensiveness of Proposal to RFP Overall completeness and responsiveness to this RFP. The proposal will be evaluated based upon the extent in which it meets the City’s requirements stated in the RFP.
10 (10% of
Total)
2. Contractor Capabilities
Evaluation of the Contractor’s ability to fulfill all requested services stated in the RFP. The Contractor’s qualifications and experience in providing parking enforcement operations, including the management team’s qualifications and experience in providin
g all services as stated in the RFP.
17 (17% of
Total)
3. Integration Abilities and Unique Services
Ability of the Contractor to integrate with the City’s current parking system.
Highlight the unique services or attributes that differentiate the Contractor from other Contractors.
10 (10% of
Total)
4. Operational Plan
Evaluation of the Contractor’s operational plan and its ability to meet the City’s parking enforcement needs. Customer service, technical support, and any other services related to parking enforcement may also be considered here.
Proposer’s ability to provide all technical support and customer service as requested in this proposal. Proposal includes an Operations and Maintenance plan.
28 (28% of
Total)
5. References / Site Visits
Demonstration of abilities to provide service requirements stated in this RFP through reference and/or site visits. Contractors will be ranked on the ability to provide all required and other services.
7 (7% of
Total)
6. Price Proposal
Feasibility of the proposal based on the methodology of the proposed scope of services to meet the City’s needs, the quality of services proposed, and ability to provide City with a cost-effective and consistent parking enforcement operation. Any potential revenue impacts may be considered here as well. 20 (20% of
Total)
7. Demonstration Evaluation – Site Visits
Ability of Contractor to successfully respond and address demonstration questions using a prescribed presentation format.
8 (8% of
Total)
Each proposal will be carefully reviewed by the evaluation team based on these criteria. A quantitative score will be assigned to each proposal based on a scale of 100. The top 3 scoring proposers deemed best qualified will be invited to provide a demonstration of their proposed services. The City reserves the right to conduct site visits to locations/agencies where the Proposer’s services are in use where identified as references.
The City will then enter into contract negotiations with the top ranked proposer, which may include all aspects of services and fees. If the top ranked pr oposer does not successfully execute a contract with the City within sixty (60) calendar days after notification of the selection, t he City may terminate those negotiations and commence negotiation with the second ranked proposer, or may cancel the procurement and solicit new proposals, whichever the City deems appropriate.
Once an agreement is reached with a proposer, staff will recommend award of an agreement. The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City.
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12. OTHER SOLICITATION GENERAL REQUIREMENTS
i. Standard Terms and Conditions
Prior to the award of any work hereunder, City and Contractor shall enter into a Professional Services Agreement (PSA). Proposers responding to this RFP are required to review all the terms and conditions of the Sample PSA located in Attachment C. Proposer must include in its proposal a sample agreement acknowledgment statement indicating either: (i) Proposer will execute the sample PSA as presented; or (ii) Proposer objects to language in the PSA. If Proposer objects to any language contained in the sample agreement, then Proposer must identify the contested contract language and shall submit alternate contract language for consideration. Proposals that do not expressly declare such a statement related to their acceptance of the sample agreement, and that do not identify contested contract language and include proposed alternative contract language, shall receive a reduced score. The scope, nature, and severity of the alternative contract language su bmissions (particularly as it relates to the indemnification requirement) also may result in a reduced score. The City reserves the right to alter the sample agreement after selection of a firm wi th notice to the proposed awardee. Exceptions raised during contract negotiations that have not been previously declared in the proposal may be grounds for disqualification as deemed appropriate by the City. ii. Insurance
The Proposer shall provide a samp le certificate of insurance conf irming its ability to comply with required insurance coverage as listed in the Sample Professional Services Agreement (Attachment C – Exhibit C), including copies of all required endorsements, reflecting the minimum amounts and conditions specified by the City.
iii. Firm Commitment of Availability of Service
Once a proposal is received, a proposer is expected to maintain an availability of service and price as set forth in its proposal for at least one hundred twenty (120) consecutive calendar days after date for opening proposals.
iv. Reservations
The City reserves the right to reject any or all proposals and any item or items therein, and to waive any non-conformity of proposals with this RFP.
v. Errors and Omissions
Proposer and/or the Contractor shall not be allowed to take advantage of any errors in or omissions from in the RFP. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.
vi. RFP Not Contractual
Nothing contained in this RFP shall create any contractual relationship between the proposers and the City. Proposers shall bear all proposal preparation and interview-related costs. vii. Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees Each proposer shall include in the price bid any patent fees, royalties, licenses and charges on any patented article or process to be furnished or used in the prosecution of the Work. viii. Taxes
Proposed prices shall include all federal, state, local and other taxes.
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ix. City’s Reservation of Rights
The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by the pr oposer, and require additional evidence of qualifications to perform the work described in th is RFP. This RFP does not commit the City to issue an agreement to implement this program.
Furthermore, the City reserves the right to:
a. Accept or reject any and all of the proposals, or any item or part thereof, at its discretion. b. Make an award for a portion of the Scope of Services. c. Award agreements to one or more proposer(s).
d. Cancel or withdraw the entire RFP, or any pa rt thereof, at any time without prior notice. e. Waive any minor errors or irregularities in any proposal, to the extent permitted by law. f. Obtain information from any source that has the potential to improve the understanding and evaluation of the RFP.
g. Appoint an Evaluation Committee to review RFPs.
h. Seek the assistance of outside technical experts.
i. Approve or disapprove the use of any subcontractors. j. Establish a short list of proposers eligible fo r interview after review of written proposals. k. Negotiate with any, all or none of the proposers to the RFP. l. Solicit best and final offers (BAFOs) from all or some of the proposers. m. Accept other than the lowest monetary offer.
n. Award an agreement based upon initial offers.
o. Disclose any proposal or information submitted upon a request for public records.
x. Compliance with Laws and Regulations
The selected proposer(s) are required to comply wi th all relevant local, state, and federal laws, codes, ordinances, and orders. If the selected proposer outsources any work or job to a subcontractor it will be the propose r’s responsibility to ensure that all subcontractors meet the requirements set forth in this RFP and the resultant PSA.
xi. Public Records Act
a. All records, documents, drawings, plans, sp ecifications, and other materials submitted by proposers in its proposal and during the cour se of any work awarded shall become the exclusive property of the City and may be deemed public records and subject to the provisions of the California Public Records Act (Government Code, sections 6250 et seq.). The City’s use and disclosure of its records are governed by this law. b. The City will accept information clearly labeled “TRADE SECRET”, “CONFIDENTIAL,” or “PROPRIETARY” as determined by the submitting party in accordance with the California Public Records Act. The City will endeavor to inform the subm itter of any request for the disclosure of such information. Under no circumstances, however, will the City be responsible or liable to the submitter or any other party for the public disclosure of any such labeled information. Proposers that indiscriminately iden tify all or most of their proposal as exempt from disclosure without justification shall, at the City’s discretion, be deemed non-responsive. c. The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Ac t, including interpretations of the Act or the definitions of “Trade Secret”, “Confidential”, or “Proprietary.” d. If litigation is brought under the Public Re cords Act concerning documents submitted in response to this RFP, the proposer(s) who submitted such documents shall indemnify, defend and hold harmless the City in such litigation.
xii. Protest Procedure (Burbank Municipal Code section 2-2-113.H) a. Three (3) City working days prior to making an award, the City will issue an Intent to Award ATTACHMENT 2
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Letter to each proposer. Any proposer receiving aforementioned letter may protest the award.
A written protest must be received by the Purchasing Manager via email at [email protected] within 3 working days of the notification date of the intent to award letter noting the specific reasons for the protest and all relevant documentation. b. The Purchasing Manager shall review the protest and provide the protesting proposer with a written decision regarding the protest within three (3) working days from the receipt of the written protest.
c. Any appeal of the Purchasing Manager’s decision may be made to the City Manager within three (3) City working days of the date of the final decision. The City Manager’s decision shall be binding and final.
d. In circumstances of urgent need and when it is in the best interest of the City to do so, the City Manager may dispense with the protest procedure provided for in this section and make the award.
e. The procedure and time limits set forth in th is section are mandatory and are the proposer’s sole and exclusive remedy in the event of protest. The proposer’s failure to comply with these procedures shall constitute a waiver of any ri ght to further pursue a protest, including filing a Government Code Claim or initiation of legal proceedings.
xiii. Prohibited Communications
No proposer, or anyone representing a proposer, is to discuss this RFP with any official or employee of the City, other than the designated Purchasing Department contact named in this RFP.
Neither proposers, nor anyone representing a proposer, are to discuss this RFP with any proposer engaged by the City for assistance in preparing the RFP documents or any cost estimate associated with this procurement. Violation of this prohibition may result in disqualification of the proposer and termination of agreement, even if the agreement has already been awarded.
xiv. Use of Subcontractors
a. The Proposer awarded an agreement by the Ci ty must be the prime contractor performing the primary functions of the agreement. If any porti on of the agreement is to be subcontracted, it must be clearly set forth in the proposal document as to what part(s) are to be subcontracted, the reasons for the subcontracting, and a listing of proposed subcontractors. Acceptance or rejection of a proposer’s request to use subcontractors is at the sole discretion of the City. The City reserves the right to reject any particular subcontractor on the awarded agreement. When approved, the subcontractors shall agree to and be bound by all terms, conditions and specifications of the awarded agreement, including the City’s COVID-19 vaccination requirements, and the proposer shall be responsible for proper performance of the agreement by its subcontractors.
b. The prime Contractor shall at all times be res ponsible for the acts and errors or omissions of its subcontractors or joint parti cipants and persons directly and indirectly employed by them.
Nothing in this agreement shall constitute any contractual relationship between any subcontractors and the City or any obligation on the part of the City to pay, or to be responsible for the payment of, any sums to the subcontractors or joint participant(s). c. The provisions of the resultant agreement sha ll apply to all subcontractors in the same manner as to the prime proposer. In particular, the City will not pay, even indirectly, the fees and expenses of a subcontractor that does not conform to the limitations and documentation requirements of the resultant agreement.
d. Upon written request from the City, the pr oposer shall supply the City with copies of subcontractor agreements.
13. ANTICIPATED PSA AWARD AND PERFORMANCE TERM
Following evaluation, selection, aw ard recommendation, and PSA approval, it is anticipated the City shall award one PSA and related Purchase Order to one proposer for a performance term anticipated to be not to exceed one (1) year. Two (2), one-year (1 yea r) options may be exercised at the sole discretion of ATTACHMENT 2
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the City. The award, if made by the City/City Council, will be to the Respondent whose proposal is deemed to be the most advantageous to the City, with price and other factors in the Selection Criteria considered.
14. REQUIRED DOCUMENTS
All proposals must include complete information as described in Proposal Contents, Sections i. – x. (pages 5-8) to be considered for evaluation.
Failure to submit information in accordance with this RFP’s requirements shall be cause for rejection of the proposal.
15. PROPOSAL SUBMISSION INSTRUCTIONS
Proposals shall be submitted electronically to the City by uploading to the PlanetBids website (https://pbsystem.planetbids.com/portal/14210/portal‐home) by 4:00 p.m. PT on November 29, 2022. Late, emailed, faxed, or hand delivered submissions will not be accepted.
Proposals shall be addressed to:
City of Burbank, Purchasing Department
Ref: RFP BPD-2022-001 Parking Enforcement Services
301 E. Olive Avenue
Burbank, CA 91502
Select “Place e-Bid” to enter bid information. All information is visible only to proposer. Data may be “saved” (preliminary) or “submitted” (final), revised and withdrawn up to the closing deadline. Proposer will receive a confirmation after final “submitting” of an e-bid. Proposals must be successfully and completely uploaded and e-bid confirmation received by submitting party prior to deadline. Therefore, plan response time accordingly. Proposers are cautioned to completely check their proposal for accuracy prior to submission. The City strongly recommends that each Proposer research the “Place E-bid” tab prior to submission in order to understand how the components of the response (i.e., proposal) are to be uploaded in the General Attachments, Cost File and Response File tabs.
Please contact PlanetBids directly at 818-992-1771 for technical assistance with your submission, as the City does not have access to the Vendor Portal.
RFP Attachments (all are incorporated by reference herein):
Attachment A Scope of Services, Technical and Functional Requirements Attachment B Proposed Price Sheet
Attachment C Sample Professional Services Agreement
Attachment D COVID-19 Policy
Attachment E Non-Collusion Declaration
Attachment F Standard Liquidated Damages
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CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT A
SCOPE OF SERVICES,
TECHNICAL AND FUNCTIONAL REQUIREMENTS
1. BACKGROUND
The City of Burbank’s Transportation Division and Police Department Traffic Bureau are responsible for the oversight, management, and enforcement of the City’s thousands of time restricted on -street spaces as well as over 3,364 publicly owned off -street parking spaces in the City’s parking structures and surface lots in the downtown area.
The downtown commercial district is served by seven (7) downtown parking garages and eight (8) surface parking lots (the “Facilities”) owned and maintained by the City. In addition to the Facilities located within the commercial district, enforcement areas include all other public roadways and eight (8) preferential parking permit districts.
Currently the City enforces by zone depending on staffing levels. The City desires to add an additional enforcement zone for the downtown commercial district. The table (Table A-1) below the figure (Figure A-1) on the following page provides a brief description and map of the current enforcement zones:
Table A – 1: Description of City of Burbank Parking Enforcement Zones Zone Street Boundaries
All Burbank City Limits
1 Clybourn to Magnolia / Vanowen to Sunset Canyon
2 Magnolia to Alameda / Front to Sunset Canyon
3 Buena Vista to Flower / Olive to Riverside
4 Clybourn to Buena Vista / Verdugo to Riverside
5 Clybourn to Front / Chandler to Verdugo
6 Clybourn to Front / Vanowen to Chandler
ATTACHMENT 2
Burbank Police Department
Parking Enforcement Services - RFP # BPD-2002-001-Attachment A 2 | P a g e
Figure A – 1: City of Burbank Parking Enforcement Zones
The City seeks to work with a professional Contractor to 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. The s cope of services is not intended to require Contractor to administer the initial review, administrative hearings, or de novo reviews , for contested parking citations. However, the City may require the Contractor to participate in such proceedings as needed.
ATTACHMENT 2
Burbank Police Department
Parking Enforcement Services - RFP # BPD-2002-001-Attachment A 3 | P a g e
2. PARKING MANAGEMENT – BASIC TERMS
The terms and conditions of the anticipated Professional Services Agreement ( PSA) by and between the City and Contractor are set forth as follows:
a. Provision of Services : Contractor will provide all necessary materials, staff, expertise, and services required to carry out the required Scope of Services outlined in this solicitation.
b. Compensation: As compensation for services rendered, the City will pay Contractor a combination of a monthly service fe e and fixed hourly labor rates as stated in Attachment B - Proposed Price Sheet for hours services are performed by labor category.
c. Capital Improvement: During the performance term of the PSA, certain capital improvement projects may occur that are origi nated and finance d by the City.
Contractor 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 Contractor and shall not be considered employees of the City of Burbank.
3. REQUIREMENTS
This section provides a summary of the essential requirements for citywide parking enforcement services. During the hours of operation established by the City, Contractor will manage, operate, direct, and supervise a first -class public parking enforcement operation throughout the Term of the PSA. Services to be provided by Contractor in connection therewith will include without limitation the following:
a. Management and operation of the parking enforcement services, including supervision of the parking enforc ement 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 not limited to:
• 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 ATTACHMENT 2
Burbank Police Department
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without consent
• Disabled spaces
• Developing procedures to ensure enforceability of the issuance and processing of citations in accordance with CVC and BMC requirements
b. Operation and maintenance of all parking enforcement technology required to perform contracted services, including, but not limited to, Mobile LPR vehic les, hardware, and software, any enforcement handheld devices, unified management system, operating systems, and antivirus software. The selected Contractor shall integrate operations with the City’s chosen multi -space and single -space meters (future installation), and Duncan Solutions citation processing and Passport 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 e xpenses related to the management and operation of the enforcement services;
e. Contractor will maintain 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, and operations that may increase the efficiency and lower the cost of parking enforcement operations.
3.1 STANDARD OF CARE
In its execution of the PSA, the Contractor will prioritize customer service, financial performance, and innovation.
a. Customer Service : The Contractor and its staff will always conduct themselves in a professional and courteous manner toward the City, its residents, and visitors. The Contractor and staff will strive to achieve the City’s goals of ATTACHMENT 2
Burbank Police Department
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providing exceptional customer service.
b. Financial performance: The Contractor and its staff will maintain a regular and consistent schedule to enforce applicable time limits and vehicle codes in its areas of responsibility.
c. Innovation: The Contractor shall continuously seek ways to leverage existing technologies to make its operation more efficient. The Contractor shall also recommend to the City emerging technologies that may also inc rease operational efficiency, such as real -time location and reporting of parking enforcement personnel through GPS tracking.
3.2 APPLICABLE CONDITIONS
Other applicable conditions will include, but not be limited to the following:
a. Contractor will administer payment for all operating costs as detailed;
b. Contractor will not have rights to install advertising signage or messaging inside or around the vehicles, employees, and Facilities without City approval.
3.3 ADDITIONS AND DELETIONS
The City will have the right during the Term to modify the 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; or
e. To convert all or part of the Facilities to another use; and
f. Construction zones.
Contractor will make a best effort to accommodate these changes in its operation of the parking enforcement services.
ATTACHMENT 2
Burbank Police Department
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Contractor will also update the general Operation and Maintenance Plan to accommodate any permanent changes; the revised general Operation and Maintenance Plan will be subject to approval by the City.
3.4 OPERATION AND MAINTENANCE PLAN
Contractors shall provide a detailed proposed Operations and Maintenance Plan that would be implemented if awarded. Responses should conform to this format and should emphasize innovations and efficiencies unique to the proposer. Answer each question in the order presented and provide additional relevant items as proposed:
1. Describe the standards for hiring employees and detail personnel policies, background checks, and performance standards. Policies will include standards for employee courtesy, appearance, identification and providing information to customers.
2. Describe the proposed procedures for issuing citations to include at a minimum the following:
a. Management of citations issued by shift;
b. Percent of shift time spent in field enforcement;
c. Collections procedures;
d. Reconciliation.
3. Discuss the proposed management approach and working relationship with City.
4. Describe how the proposed enforcement and citat ion issuance software and hardware integrates with the City’s existing Duncan solutions citation processing and Passport permit systems.
5. Describe proposed maintenance plan for the vehicles serving the City.
6. Provide sample copies of forms that will be implemented and used to track, reconcile, and report citation issuance as well as forms that will be delivered to City including but not limited to monthly operating statement, general journal, payroll analysis, daily and monthly citations summaries.
7. Describe the transition plan for assuming control of the enforcement zones and service areas in the initial 30 -day period following contract award that demonstrates minimal disruption to the existing operation.
8. Describe in detail the firm’s plan to maximi ze enforcement coverage, compliance, and revenue generation for the City.
ATTACHMENT 2
Burbank Police Department
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9. Describe any equipment required at start -up to ensure a first -class and contemporary parking enforcement operation. Include an itemized budget of the probable cost to procure said equipment (include start -up cost estimate on Price Proposal Form ). As appl icable, Contractor should indicate its willingness to purchase start-up items with its own funds and recover the cost from the operating account on a schedule agreed upon by the City and Contractor.
10. Any additional items related to operations or maintenanc e plans not included above.
3.5 STAFFING
Contractor will provide in its submittal, a company organizational chart and resumes for the key staff members proposed to manage parking enforcement services. The City anticipates that the key personnel will co nsist 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 shall 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. Contractor shall provide sufficient staffing to perform the services outlined in the RFP.
Contractor will also provide the City with pertinent contact information for a minimum of one local staff member that will be available 24/7 for emergency and operational needs.
Other than in specia l or emergency situations, Contractor 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 shall 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 Contractor shall be solely responsible for hiri ng and termination of personnel, training, staffing, and deployment to ensure all posts are filled, and performance ATTACHMENT 2
Burbank Police Department
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evaluation of employees, disciplinary action against employees, and payroll and benefits for Contractor’s employees. PERs should be on patro l no later than 20 minutes from start time and until no earlier than 20 mins before end of shift.
Enforcement staff must have the education, skills, and qualities required to fulfill the tasks outlined in this RFP, including the ability to use Contractor -supplied vehicles and other equipment prior to being assigned. The Contractor 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 trai ning required to correct deficiencies in performance.
In addition, Contractor shall ensure each employee assigned to provide parking enforcement services receives a minimum of eight (8) hours of relevant in-service training per year. Such 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 will not compensate for training of potential/new employees, or 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 will be trained in daily operations as well as in customer service. Contractor 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 Contractor’s enforcement staff for a period to be determined by mutual agreement between City and Contractor. Contractor wil l be solely responsible for the training of its staff upon the conclusion of the initial implementation phase. City ATTACHMENT 2
Burbank Police Department
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reserves the right to require Contractor to provide additional training to its staff as needed.
Contractor and its sub -contractors will comp ly with all the City’s 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 Contractor’s staff members working in the City.
City reserves the right to require Contractor to provide additional or alternative personnel or to modify its operating procedures if, in the sole discretion of the City, Contractor’s management and performance of the services creates con gestion, interferes with traffic circulation, or causes material inconvenience for customers.
3.6 PROJECT MANAGEMENT
The Contractor’s designated Project Manager (PM) will maintain the responsibility for oversight of the contracted services, acting as the single point of contact between the City and Contractor during the Term.
3.7 PARKING ENFORCEMENT OFFICE
Contractor will base operations at a work location designated by the City for its use.
Contractor to identify minimum office utility needs and best practices in operational plan submitted with proposal. Citizens and customers who must speak with someone in person may be directed to the PD front desk.
3.8 EQUIPMENT AND SUPPLIES
Contractor will provide all necessary office supplies and equipment to fulfil l the terms of the PSA. These items will include but not be limited to standard office items. An allocation for enforcement handheld equipment, radios/communication, and office supplies is provided on the Price Proposal Form. Contractor shall provide allocation items up front for approval of City as reimbursable items.
3.9 UNIFORMS AND STAFF IDENTIFICATION
The Contractor shall provide uniforms to all staff members. Contractor will 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.
3.10 MAINTENANCE REQUIREMENT
Contractor will 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.
ATTACHMENT 2
Burbank Police Department
Parking Enforcement Services - RFP # BPD-2002-001-Attachment A 10 | P a g e
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, Contractor’s responsibilities will also include but will not be limited to any spare equip ment not available for maintenance or repair. Contractor must provide identical replacement for items which have exceeded their useful life.
Contractor can determine how many spare parts are needed per component.
All maintenance services provided by Contra ctor will 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.
3.11 ENFORCEMENT VEHICLE SPECIFICATIONS
Contractor will provide parking enforc ement 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 veh icle power is petroleum -electric hybrid engines. Contractor may propose traditional petroleum powered vehicles if value is demonstrated to the City. The Contractor may not use vehicles with fully electric engines. The vehicles and LPR systems will be able to operate in inclement weather.
Contractor’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.
ATTACHMENT 2
Burbank Police Department
Parking Enforcement Services - RFP # BPD-2002-001-Attachment A 11 | P a g e
Contractor’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 otherwi se 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.
Contractor’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.
Contractor’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 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.
3.12 USE OF PARKING ENFORCEMENT VEHICLES
Contractor will manage, operate, and maintain the enforcement vehicle s for parking enforcement duties only in accord with guidelines set forth by City.
Contractor will 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.
3.13 ENFORCEMENT HANDHELD UNITS
Contractor will provide parking enf orcement handheld units as approved by the City for each assigned on -duty parking enforcement staff member conducting services under this PSA. Proposer will recommend their preferred brand of enforcement handhelds and describe the pros and cons of such unit in their submitted operational plan for City approval. Enforcement handhelds enable staff to generate automated parking citations. LPR identi fies 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 are able to work more efficiently because all violation data on handhelds is in real time. Supervisors ATTACHMENT 2
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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 th e end of the officers’ shift. The City currently utilizes service provider Duncan Solutions for parking citation management and collection services. Proposer’s handheld equipment will be compatible with this provider as well as with other industry contem porary parking citation management and collection vendor software. The City reserves the right to utilize the Proposer’s handheld equipment or units provided by the City.
3.14 HOURS OF OPERATION
The City will reasonably determine the hours of operation , which shall remain adjustable and scalable (upon provision of advance notification to Contractor) 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 Contractor.
3.15 PARKING CITATION RATES/ANNUAL REVIEW
Parking citation fee rates are established by and will be regulated solely by the City with recommendations from the Contractor. Contractor will 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 will include the citation fees charged by comparable jurisdictions as well as any recommended rate changes and supporting rationale prescribed by the Contractor. The annual review must also a review of complaints against the Contractor and how Contractor addressed such complaints, if required under CVC section 40220.6.
3.16 REPORTING
Contractor will 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 will include a summary of Budget to Actual citations issued and expense comparison of line items and explanations for any variations from the approved Budget.
Contractor will also provide daily and monthly reports on maintenance, customer service, incident, accident, occupancy, complaints, and other performance reports as may be required by City.
ATTACHMENT 2
Burbank Police Department
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Contractor will submit a detailed list of any other management reports reasonably deemed necessary by Contractor and City in accordance with the PSA.
3.17 CUSTOMER COMPLAINTS
Contractor will 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.
3.18 COST OF OPERATIONS
City will reimburse Contractor 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 will be only to the extent that same are actually paid or incurred by Contractor in the performance of its services, as proposed on Price Proposal and contained in the approved operating budget included in the PSA.
Such fixed rate labor expenses will include the aggregate of salaries and wages, payroll taxes, insurance requirements as listed in the City’s Professional Service Agreement , health, welfare, pension, and retirement benefits and other funds that Contractor is required to pay in accordance with governmental regulations, a Collective Bargaining Agreement or Contractor’s employee benefits program for the personnel exclusively engaged in the management and operation of the services, general liabi lity 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 su ch fixed rate labor expenses shall be provided in the operational plan along with a description of benefits and details of expense prices.
Notwithstanding the above, Contractor will 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 Contractor 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, Contractor will compensate the employee at the appropriate rate of pay but will i nvoice City only at the employee’s regular fully burdened rate of pay.
Fixed labor rate expenses will not include any payments to affiliates of Contractor exceeding an amount that would have been paid to a third -party for similar services, nor will operati ng expenses include Contractor’s general overhead expense or any of the following:
ATTACHMENT 2
Burbank Police Department
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a. Administrative and related costs and expenses incurred in the operation of the Facilities or other operations of Contractor, as they are incurred in the general management o f the affairs of the Facilities or Contractor’s other operations, including the monitoring of the operation and management of the services;
b. Maintenance of the general books and records of Contractor;
c. Office supplies and equipment used by Contractor that are not used exclusively for the services;
d. Payroll mark -ups by Contractor, 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 with direct responsibility for the services.
3.19 SIGNAGE
Contractor will 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.
3.20 EMERGENCY PROCEDURES
In the event of a maj or emergency or natural or man -made disaster, Contractor 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 P ublic Works. If such service requires hours in excess of the base requirement, the City will pay for the services on an overtime basis.
4. TECHNICAL REQUIREMENTS
4.1 NETWORK SECURITY
Contractor’s proposed solution shall integrate with existing City parking applications for Duncan Solutions citation processing and Passport parking permits for residential, commercial, and employees.
4.2 DATA STORAGE, ACCESS, AND OWNERSHIP
The data collected by Contractor will be stored in a server designated by the City.
The City will own all data collected, processed, and analyzed by the Contractor.
The City will have access to all digitally stored dated at all times.
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Burbank Police Department
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The City, at its sole discretion, may grant access to the data to a third party.
The Contractor may not use data collected in the City for purposes other than fulfillment of the PSA without the approval of the City.
4.3 OPERATING SYSTEMS
All office computers used by Contractor 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 Contractor shall, at its own expense, restore and replace the system.
4.4 SOFTWARE LICENSES
All software used by Contractor during the term of the PSA shall be licensed on behalf of the City.
5. FIGURES
The figures on the following pages are provided for reference purposes.
Figure A – 2: City of Burbank Downtown Parking Structures / Surface Lots
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Figure A – 3: Downtown Parking Structure Time Limits
Figure A – 4: Magnolia Park Public Parking Map
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Figure A – 5: Street Sweeping Map Week A / 12:00 pm – 2:00 pm and 2:00 pm – 4:00 pm
Figure A – 6: Street Sweeping Map Week B / 12:00 pm – 2:00 pm and 2:00 pm – 4:00 pm
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Burbank Police Department
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Figure A – 7: Burbank Preferential and Permit Time-Restricted Parking Zones
ATTACHMENT 2
CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT B
PROPOSED PRICE SHEET
The City is requesting th at the Contractor p rovide pricing in the f ollowing categories using the pricing sheet provided below:
• Fixed Price per month for the Project Manager and price for uniforms, duty equipment, etc.
• Fixed Price per month for all other equipment and materials as described within the Scope of Services – transportation eq uipment, li cense pl ate read ers, comm unication equipment and printed mat erials as w ell as space to st ore a nd pa rk eq uipment a nd vehicles. Assum e City will supply h andheld equipment and printers.
• Variable Price ex pressed in h ourly cost p er ho ur f or PER (Parking Enforcement Representative and LPER (Lead Parking Enforcement Representative) staffing. T hese hourly rates will be lo aded labor rates including vac ation, sick tim e, and any other benefits paid to the employees Please
note t hat t he Contractor is only allowed to bill f or h ours PER or LPER spends on p atrol duties and a ny breaks required by California L abor Laws and a ny other enforcement duties approved by City.
Contractor will be required to provide employee payroll timesheets with their invoices.
Item Year 1 Year 2 (option 1) Year 3 (option 2)
1.1 Monthly Fixed Fees (includes
staffing cost for PM, uniforms and
flashlights)
Number of Service Months 12 12 12
Monthly Fees $ $ $
Total Fixed Fees (1) $ $ $
1.2 Monthly Fixed Fees (includes all
equipment and materials to be
supplied by the Contractor (other than
uniforms and flashlights)
Number of Service Months 12 12 12
Monthly Fees $ $ $
Total Fixed Fees (2) $ $ $
ATTACHMENT 2
1.3 Variable Fees – LPER
No. of Proposed Service Hours
Hourly Rate – LPER $ $ $
Total Variable Fees – LPER (3) $ $ $
1.4 Variable Fees - PER - Regular Patrol
No. of Proposed Service Hours
Hourly Rate – PER $ $ $
Total Variable Fees - PER (4) $ $ $
1.5 Variable fees - PER - Additional Patrol
No. of Service Hours
Hourly Rate – PER $ $ $
Total Variable Fees- PER - Add
Patrol (5)
$
$
$
Total Compensation ((1)+(2)+(3)+(4)+(5)) $ $ $
*Number of service hours are estimates intended to provide a structure for submittal of proposer’s pricing.
Actual number of service hours will fluctuate and may be fewer or more than listed in this Attachment based on the needs of the City.
Contractor sh all price the above five items in su ch a w ay th at City can pick a nd choose any combination of the above items for procurement. Please note that pricing for each of the 5 above items should in clude all administrative and ov erhead co sts associated with the particular line item, allowing City to include or exclude particular line items in the final procurement.
Quantities of Staff/Equipment and Materials Included in Above Price Please note th at this information is requested by the Ci ty to m ake sure th at Contractor is including minimum quantities stipulated in the RFP as well as for City to understand value provided by the Contractor.
It is assumed that Contractor will at all times employ the s taff and furnish equipment and materials to perform the services at service levels stipulated in the RFP.
In no ev ent shall the Ci ty pay for any additional services for staffing and equipment for Contractor to perform its contractual o bligation unless ot herwise requested and approved by City in advance of services and or materials rendered.
Staffing
Position Quantity
PM 1
LPER 1
PER 4 - 10
ATTACHMENT 2
Equipment and Materials
Item
Model
Description
Quantity
Uniforms
Vehicles
License Plate Readers
Flashlights
Any other items (Please list)
The Contractor shall provide a proposed price, itemized by expense, and equipment list stated as a fixed fee for hourly labor reimbursement. Fully burdened labor and direct costs should be identified by and rolled up into a fixed hourly fee per position provided. Any on- going costs, rental, lease, software/hardware maintenance costs, etc. must be identified in a line- item format with each individual cost included in the fixed fee rate per position. A breakdown of estimated costs, fixed hourly rate, and cost per project team members shall be included and clearly stated.
Fixed hourly rate should include all costs associated with provision of services. The Contractor will quote an hourly fixed rate per position type to provide parking enforcement for all Burbank Municipal Code provisions and California Vehicle Code provisions as it pertains to parking within the city limits. This will include the provisioning, installation, and maintenance of all proposed components, including all components specified within the Scope of Work and Contract Documents. Prices for any Contractor proposed add/alternates will be quoted separately.
The intent of this Price Proposal is to evaluate Contractor’s proposed budget for a maximum staffing scenario. The City will reimburse Contractor for only those direct labor costs and direct expenses proposed on Price Proposal Form to the extent that same are reasonably necessary for the efficient operation of the Facilities and are actually paid or incurred in the performance of Contractor’s obligations under the Agreement. City approval is required for all purchases made during the agreement including all allocations.
The hourly rate will include all mark up, profit, and administrative costs, including costs incurred by Contractor’s staff off-site.
City reserves the right to purchase any device or component itemized within the Scope of Work, or which may be proposed at a future date, if City can obtain a more competitive price than that offered from proposer. Such purchases will be reduced from the overall proposal price. Due to the evolving nature of technology, City acknowledges upgrades for proposed components are likely during the term and understands new technology offerings may not be currently identifiable. Contractor is expected to maintain equipment and technology based upon industry standards; anticipated cost increases related to technology advancements should be indicated in the price proposal.
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CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
by and between
THE CITY OF BURBANK
and
[INSERT CONSULTANT LEGAL NAME]
dated as of [Insert Effective Date from Next Page]
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEM ENT (this “Agreement”), is made and entered into this [<day>] day of [<month>], [<year>] (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporat ion (the “City”) and [<CONSULTANT LEGAL NAME>] (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 al l of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnish ed 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 Ci ty 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 Serv ices involves more than one service, Consultant shall onl y be entitled to payment for services upon City Project Manager’s written authorization or notice to proceed with such se rvice. 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 Pr oject 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, ATTACHMENT 2
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City shall have no liability for such extra services and Consultant shall have no right to claim compensation for such extra services or expenses. The applicable hourly rate s for authorized extra services shall be at the hourly rates set fo rth in the Schedule 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 [Insert End Date]; provided, however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or 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 fo r actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Co nsultant 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 $[<Amount of Cost of Service >] (the “Cost of Services”). The Cost of Services shall not be increased with out a written amendment ex ecuted 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 be en directly approved by the City Council, the City Council hereby authorizes the Designated Official to increase the Cost of Services in an amount not to exceed [Contingency Amount]. [NOTE:
PLEASE DELETE THIS SECTION 3.1 FOR PS As NOT DIRECTLY
ATTACHMENT 2
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APPROVED BY CITY COUNCIL]
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:
[<Representative Name>]
[<Representative Title>]
[<Representative Address>]
[<Representative Telephone>]
[<Representative E-mail Address>]
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 Serv ices under this Agreement. The Representative shall be the key pe rson 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 coor dination 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:
[<City Project Manager Name>]
[<City Project Manager Title>]
[<City Project Manager Address>]
[<City Project Manager Telephone>]
[<City Project Manager E-mail Address>]
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 matter s that extend beyond the day-to-day administration of this Agreement, the City designates the [<Department Head’s Name and Title>, <Name of Department>] (the “Designated Official”) to handle such matters.
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[<Designated Official Telephone>]
[<Designated Official E-mail Address>]
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 guidel ines, rules or other standards. The acceptance 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, vaca tion, 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 ob ligations associated with 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 au thority 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 ext ent provided by law, Consultant holds City, its elected officials, offi cers, agents, and employees, harmless from all of Consultant's claims , demands, lawsuits, judgments, ATTACHMENT 2
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damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontract ors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work required under this Agreement, or challenges related to contested citations, 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. Consult ant shall investigate, defend, and indemnify City, its elected offici als, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetar y or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of any intellectual pr operty rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any e rror, 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-cons ultants, 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 sha ll include any suits or actions concerning any contested citations, or 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 ot her 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-P erformance 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 C onsultant. Such City’s notice shall describe how the work performed, including any deliverables resulting from such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set fort h 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 se rvices, 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 ATTACHMENT 2
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shall be withheld 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.
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 Insu rance 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 pe r City 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 In surance. 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. Consul tant 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 al so 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 requ ired under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, del iver to the City all 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.
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11.2 Ownership. Each and every it em that constitutes 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.
12.0 Confidentiality.
12.1 Non-Disclosure Exemptions. Co nsultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necess ary 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 Obligat ion. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other info rmation pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation s hall survive for a period of two (2) years after the termination of this Agreement. Notwithstanding the foregoing, the confidentiality obligat ions 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 cust omer’s “data” under applicable law unless Consultant has secured such customer’s express, written consent to release of such customer ’s information, (c) any information classified by City as “critical infr astructure 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 writi ng 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 Agreem ent 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 wo rk or services. Acceptance of payment shall be any negotiation of City's check 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 s hall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents, subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by ATTACHMENT 2
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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 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 records 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 su ch books and reco rds 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, Co nsultant 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 Pa yee Registration Form 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 oblig ation 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 Te rm of this Agreement, al l appropriate permits, ATTACHMENT 2
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licenses, and certificates that may be r equired in connec tion with the performance of services under this Agreement.
18.2 Anti-Terrorism Laws; Sanction s. The Consulta nt represents and warrants that:
(1) it is not a pers on described or design ated in the Specially Designated Nationals and Blocked Pe rsons 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, Thre aten to Commit, or Support Terrorism);
(2) it does not e ngage in any dealings or transactions with any such persons described above; and
(3) is not otherwise bloc ked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not li mited 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 Part y 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 br each. No express wr itten waiver of a specified default or breach shall affect any other default or br each, or cover any other period of time, other than any def ault or breach and/or period of time specified. All of the remedies permi tted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy s hall not constitute a waiver or election of ATTACHMENT 2
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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, betw een the parties hereto with respect to the rendering of services hereunder, and contains 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 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 Consultant and may not be assigned without the prior written approval of the Designated Official.
Notwithstanding the foregoing, any assignment in violatio n 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 pu rpose 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 all Parties hereto. Trans mission by facsimile, electr onic mail, and/or other validated instantaneous electronic transmission to one Pa rty of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and 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 counte rpart to this Agreement by a Party, an d transmitted electronically as described in this Section to the other Party.
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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 term ination or expiration of th is Agreement, whichever is later.
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
[<Department>]
Attention: [<City Project Manager Name>]
[<Mailing Address>]
[<E-Mail Address>]
With a copy to:
The City of Burbank
[<Department>]
Attention: [<Designated Official Name>]
[<Mailing Address>]
[<E-Mail Address>]
TO CONSULTANT:
[<Consultant Name>]
Attention: [<Contact Person>]
[<Mailing Address>]
[<E-Mail Address>]
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 whic h it is to receive notices by so advising the other Party in writing.
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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, whic h is not the result of his operations, should immediately be reported to the City Project Manager.
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 servic es, digital and print branding services, photographs, Meta Tags, text, photographs whether ed ited 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 her eby transfers any and all interest of the copyright(s) in th e work product to City. This transfer and 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 owner ship claims by third parties, and 2) if applicable, that consent by individuals depicted 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 indemni fies 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 pla tforms to City 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 account or electronic on-line platform, should City choose to do so. In any event, upon the conclusion of Consultant’s services, Consultant shall no longer utilize any lo g-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 subcon tractor or subconsultant working on behalf of the Consultant with respect to this Agreement, is require d to pay not less than the ATTACHMENT 2
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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.
33.0 COVID-19 Vaccination. Consultant shall comply with the “City of Burbank Executive Order Mandating COVID-19 Vaccination for Contractors” (“Order”), attached and incorporated herein as Exhibit D, while the Order remains in effect.
Consultant shall complete the Attestation of Contractor Compliance as required by the Order, and return such attestation to the City prior to performing any service under this Agreement.
34.0 Funding Requirements. This Agreement is financed with funding from [<Insert Funding Source i.e., “Los An geles County;” “State of California;” “United States Department of Transportation”>] (“Funding Source”), through [<Insert name of Funding Program i.e., “Grant No. 1234;” “Measure A Funds;” “SB1234 Funds,” etc.>].
Consultant shall comply with all applicable Funding Source requirements, including but not limited to, requirements included in any funding agreement between the City and the Funding Source, and any applicable laws, policies, or procedures. Copies of relevant Funding Source documents are incorporated and attached as Exhibit E. [NOTE: PLEASE DELETE THIS SECTION 34.0 FOR PSAs NOT PAID FOR WITH OUTSIDE FUNDING]
[Signature Page on the Following Page]
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In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.
"CONSULTANT"
[Insert Consultant Name]
"CITY"
City of Burbank
Signature Signature
Name (Please Print) Name (Please Print)
Title Title
If Consultant is a corporation or LLC, a
second signature is required:
ATTEST:
Office of the Cit
y Clerk
Signature
Name (Please Print)
Title Zizette Mullins, MMC, Cit y Clerk
Approved as to Form
Burbank City Attorney’s Office
By:
Signature
<Insert Name>
<Insert Title>
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EXHIBIT A
SCOPE OF SERVICES
(Insert content of Attachment A – Scope of Services, Technical and Functional Requirements)
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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:
1 □ Time and Materials : The City shall pay for the services on a time-and-material basis. Consultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:
[Insert completed Proposed Price Sheet]
ATTACHMENT 2
K:/agmt/psa/2022 Final PSA Template (January 2022) 18
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 re sults 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 agg regate 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 St ate of California, 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 show n 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 ATTACHMENT 2
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equipment furnished in connection with su ch work or operations . General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (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, th e 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 obtai n any endorsement that may be necessary to affect this waiver of subrogation, but this provision ap plies 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 Cons ultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and re lated 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.
ATTACHMENT 2
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2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) y ears after completion of t he work required under the Agreement.
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 th e City with orig inal certificates and amendatory endorsements or c opies of the applicable policy language effecting coverage required by this Agreement. All certificates and endor sements 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 the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual proper ty, including but not limited to infringement of copyright, trademark, tr ade dress, invasion of privacy violations, information theft, damage to or destruction of electronic info rmation, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
City shall inform Consultant if such insurance is required.
Contractors Pollution Liability and/or Asbestos Pollution Liability
If Consultant’s Scope of Services includes the handling or transpor tation of hazardous materials, Consultant shall ma intain pollution liability and/or asbestos pollution liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy per iod of one year. City shall inform Consultant if such insurance is required.
ATTACHMENT 2
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EXHIBIT D
ATTACHMENT 2
K:/agmt/psa/2022 Final PSA Template (January 2022) 22
ATTACHMENT 2
K:/agmt/psa/2022 Final PSA Template (January 2022) 23
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EXHIBIT E
FUNDING SOURCE DOCUMENTS
[NOTE: Attach copies of relevant funding source documents (such as grant agreements, applicable grant subrecipient requirements, etc.) if PSA is paid for with outside funding. If PSA has no outside funding, delete this Exhibit.]
ATTACHMENT 2
CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT D
COVID-19 POLICY
To safeguard the health of our employees, customers, and visitors and the Burbank community at large, the City of Burbank mandates that all contractor s entering into new contracts with the City that require the contractor to be physically present within indoor City facilities open to the public, or to interact in-person with City employees or members of the public, shall be fully vaccinated against COVID-19. For purposes of this mandate, “contractor” includes any employee, subcontractor, or agent of the contractor.
Effective Date
This Executive Order shall become effective on January 10, 2022 and remain in effect until repealed by the City Manager.
Procedures
It is the responsibility of the contractor company to facilitate, monitor, and maintain documentation relating to COVID-19 vaccination compliance for the contractor’s staff (including employees, subcontractors, or agents) who visit any indoor City of Burbank facility or interact in-person with any City employee or member of the public, in the performance of a City contract. Proof of compliance with this Executive Order shall be fulfilled by completing the ATTESTATION OF CONTRACTOR COMPLIANCE as outlined on Attachment A.
The City of Burbank recognizes that vaccine exemptions may arise for medical conditions and sincerely held religious beliefs. It is the responsibilit y of the contractor to es tablish a process to review, validate, and document qualifying exemption requests for the contractor’s staff, employees, subcontractors, and agents. Regardless of individual exemptions, it is the responsibility of the contractor to provide only fully vaccinated individuals to come onsite at any indoor City of Burbank facility or when interacting in-person with City employees or members of the public in the performance of a City contract.
All City of Burbank contractors sh all comply with current masking and social distancing requirements, as established by the City of Burbank, the County of Los Angeles, and/or the State of California.
Any contractor feeling sick must stay home. No one shall enter an indoor City facility or interact in-person with City employees or members of the public while experiencing CO VID-19 symptoms including, but not limited to, fever, cough, difficulty breathing, body aches, chills, or a new loss of sense of smell or taste.
If a contractor tests positive for COVID-19 within 48-hours of visiting an indoor City facility or interacting in-person with City employees or members of the public within six f eet for a cumulative time of 15 minutes or more in a 24 hour period, it is the contractor’s responsibility to notify the City. City staff will perform the approp riate contact tracing process to ensure any known individuals with a potential or actual exposure have been notified for the purpose of assessing his/her actual risk.
Suspension or Termination of this Policy
The City has declared a local emergency related to COVID-19. Termination of the declared local emergency shall trigger an automatic review by the City Manager to determine whether public health conditions warrant the continuation of this policy. The City Manager may also suspend or terminate this policy prior to the termination of the declared local emergency if the City Manager determines that public health conditions have changed such that the policy is no longer needed. The City Manager shall pr ovide 14 days-notice to the City Council prior to terminating the policy.
ATTACHMENT 2
Nam
e of Contractor: _______________________________________________________ Contract/PO Number: ________________________
Name of Contractor’s Authorized Representative: __________________________________ Contractor Phone: ___________________________
Email: ____________________________________
The undersigned hereby attests that the Contractor has reviewed and is familiar with the requirements of the City of Burbank Executive Order Mandating COVID-19 Vaccination for Contractors, and that the Contractor shall remain compliance with the requirements thereof for the duration of the City contract referenced herein. The Contractor shall promptly notify the City if the information contained in this attestation changes.
In t
he performance of the Contract/PO referenced above, the Contractor (check applicable box):
Will NO
T perform any services within indoor City facilities opened to the public, and will NOT interact in-person with any City employees or members of the public. Will only utilize fully vaccinated employees, subcontractors, and/or agents to perform services inside indoor City facilities opened to the public, and/or interact in-person with City employees or members of the public in the performance of the contract.
I dec
lare under penalty of perjury that the foregoing is true and correct.
Signature of Contractor’s Authorized Representative: ____________________________________ Date:
Fo
r City Use Only:
Signature of City Representative Accepting Attestation:
ATTACHMENT 2
CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT E
NON-COLLUSION DECLARATION
(To be executed by Respondent and Submitted with Proposal)
The undersigned declares:
I am the _______________of _______________, the party making the foregoing proposal.
The proposal is not ma de in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. Th e proposer has not directly or indirectly inducted or solicited any other proposer to put in a false or sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from bidding. The proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. The proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal , and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [ date], at _______________ [city], _______________ [state].
COMPANY NAME:
SIGNED:
PRINT NAME: ______________________________ TITLE:
P-1
ATTACHMENT 2
AFFIDAVIT TO ACCOMPANY ALL PROPOSALS AND TO BE
EXECUTED BY THE PERSONS DULY AUTHORIZED TO SUBMIT THE PROPOSAL (SELECT ONE)
ST
ATE OF _______________ )
: SS INDIVIDUAL AFFIDAVIT
COUNTY OF _____________ )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid, that such bid is genuine and not collusive or sham; that he has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
__________________________________________________
STATE OF _______________ )
: SS PARTNERSHIP AFFIDAVIT
COUNTY OF _____________ )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is a member of the co -partnership designated as _________________________ ___________________________________________________________________________________ which is that party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
That he has been duly vested with authority to make and sign the foregoing Bidder's Proposal for the co-partnership by ______________________________________________________ who constitute the other members of the co -partnership.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20__
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
P-2 (a)
ATTACHMENT 2
STATE OF _______________ )
: SS CORPORATION AFFIDAVIT
COUNTY OF _____________ )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the __________________________________________________________ (Title) of _____________________________________________________________ (Name) a corporation, which is the party making the foregoing proposal or bid; that such a bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for itself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor o r materialman from bidding to any contractor who does not use the facilities or accept from or through such depository.
That he is duly authorized to execute the foregoing Bid Proposal on behalf of said corporation and that such corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors.
_____________________________________
STATE OF _______________ )
: SS JOINT VENTURE AFFIDAVIT
COUNTY OF _____________ )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the __________________________________________________________ (Title) of _________________________________________________
____________ (Name) one of the partners
submitting the foregoing bid as a Joint Venture and that he is duly vested with the authority to make and sign the said bid and on behalf of the parties making said bid, who are . . That such a bid is genuine and not collusive or sham; that said parties have not conspired or agreed, directly or indirectly, that another party refrain from bidding, nor by such means sought to secure any advantage for himself said Joint Ventures or any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20___
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
P-2 (b)
ATTACHMENT 2
CITY OF BURBANK
RFP NO. BPD-2022-001
PARKING ENFORCEMENT SERVICES
BURBANK POLICE DEPARTMENT
ATTACHMENT F
STANDARD LIQUIDATED DAMAGES
The selected firm, in its Proposal, has committed to providing a broad variety of parking enforcement services. It is expressly understood that the experience, knowledge, capability and reputation of the selected firm, and the selected firm's commitment to provide parking enforcement services are a substantial inducement for City to enter into a professional services agreement with the selected firm. Therefore, in the event the City observes the selected firm's inability to meet its commitments made in relation to furnishing these parking enforcement services, certain damages will incur and shall apply to payments due to the selected firm. Performance standards will be consistent with that level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same industry under similar conditions.
Acceptance or approval by the City of Contractor’s work will in no way relieve Contractor of liability to the City for damages suffered or incurred arising from the failure of Contractor to adhere to the aforesaid standard of professional competence. The City proposes the following performance standards / liquidated damages clause as a condition of a contract awarded to the selected firm. The City may withhold from any monies payable on account of services performed by the Contractor any accrued performance standards / liquidated damages. The Contractor will be responsible for adhering to the City’s Parking Enforcement Performance Standards / Liquidated Damages, listed below:
1. Voided Parking Citations
Any parking citations that are deemed inappropriate during or immediately after issuance may be voided by the Parking Enforcement Supervisor. The City will charge $5.00 per citation issued and subsequently voided for all citations that are voided, irrespective of the cause, if the overall voided citation quantity exceeds 10% of citations issued.
2. Dismissed Violations due to Contractor’s Error
If a Citation is dismissed at any stage of citation contest due to Contractor’s error, the City may deduct an administrative fee of $25.
3. Care of City-Owned Equipment
The Contractor’s employees shall be responsible for all City -owned equipment they are assigned to perform their Contract duties. The Contractor will be responsible for the full replacement and/or repair costs for any equipment that is lost, damaged, or stolen while being used by Contract employees plus 15% surcharge.
4. Unavailable Equipment
Contractor shall be responsible for maintaining all equipment including but not limited to vehicles, LPR equipment, citation issuance hardware, software, and printers. If there is any equipment not available for use as intended, the Contractor may be subject to a charge of up to $500 per day.
5. Customer Service
Contractor’s employees shall conduct themselves in a professional and courteous manner at all times. Contractor shall investigate and take appropriate action for all customer complaints regarding the contracted employees (including improper use of equipment), conduct an ATTACHMENT 2
investigation of the complaint, and report their findings to the City in a within a 90- day time period.
The City may conduct audits each month (not to exceed thirty -six (36) per contract year) to determine Contractor staff’s compliance with City procedures for parking enforcement services. For each failed audit, the City shall deduct $2,500.00 from the Contractor’s next invoice.
6. On-Time Performance
Contractor shall make every effort to keep all posts filled at all times. Any unfilled posts without City approval may be subject to a charge of $2,500/shift. Contractor is not allowed to compensate for an un-filled post by assigning more personnel at other posts and at other shifts.
7. Key Personnel Retention
The “Key Personnel”, as outlined in Section 1.08, are crucial to the day -to-day operations which will be provided under this contract. The City is requiring these personnel be dedicated solely to this project for the term of the agreement. If any “Key Personnel”, as outlined in Section 1.08, are reassigned or promoted to another position by the Contractor, without City consent, during the term of the agreement, the City shall deduct $10,000.00 from the Contractor’s next invoice.
I hereby certify that I have read and understood the proposed Performance Standards / Liquidated Damages above and agree to its inclusion in a contract awarded to my firm.
SIGNATURE
PRINT NAME
FIRM NAME
ATTACHMENT 2