Agenda packet — Palm Springs City Council, February 24, 2022 (part 1 of 5)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

February 24, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL SÁBADO - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

1. CONSENT CALENDAR:

February 24, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT WITH ACE PARKING MANAGEMENT, INC.

RECOMMENDATION:

Approve Amendment No. 2 to the Contract Services Agreement with Ace Parking Management, Inc. for parking enforcement management services, exercising the final two-year term extension option, in an amount not to exceed $180,732.

1. Authorize the City Manager to execute all necessary documents. 2.

C. APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN
FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

1. Authorize the City Manager to execute all necessary documents.2.

D. APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM

SPRINGS FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO CVAG

RELATING TO CONSTRUCTION OF THE CV LINK PROJECT WITHIN PALM

SPRINGS
RECOMMENDATION:

Approve an Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments (CVAG) to allow for the transfer of $1,063,044 private developer funds to CVAG relating to the construction of the CV Link project adjacent to Tract 32233 (the Escena Project, or “Escena”) and Tract 31848 (the Miralon Project, or “Miralon”); and

1. Authorize the City Manager to execute all necessary documents.2.

February 24, 2022 City Council Regular Meeting Agenda 3 E. ACCEPTANCE OF DONATION FROM PAUL E. SCHEIBNER AND IRENE M.

SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $25,000 FOR PALM

SPRINGS PUBLIC LIBRARY TRUST FUND
RECOMMENDATION:

Approve the acceptance of a donation award from the Paul E. Scheibner and Irene M. Scheibner Revocable Trust in the amount of $25,000.

1. Authorize the City Manager to execute all necessary documents.2.

F. APPROVAL OF PARCEL MAP 38247 FOR A 122-UNIT APARTMENT DEVELOPMENT (“LIVING OUT”) AT 1122 EAST TAHQUITZ CANYON WAY RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38247

FOR KOAR PALM SPRINGS, LLC A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

G. APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT

AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS

FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR CENTER

WITHIN THE WEST END OF THE MESQUITE AVENUE PUBLIC
RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED

AND REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA

CALIENTE BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE

GATE TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST END OF MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA
22-01-0500, AND APPROVING A DETERMINATION THAT THE ACTION IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).”

1. Authorize the City Manager to execute all necessary documents.2.

H. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM
SPRINGS FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2023,

SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.

1. Authorize the City Manager to execute the Memorandum of Understanding2.

February 24, 2022 City Council Regular Meeting Agenda 4 (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383
REGULATIONS.”

J. FORMAL CITY COUNCIL ACCEPTANCE OF THE 2021 SEWER COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21-18, IS REQUIRED TO DOCUMENT

THE COMPLETION OF THE PUBLIC WORKS IMPROVEMENTS AND TO
ALLOW THE CITY’S FILING OF A NOTICE OF COMPLETION WITH THE RIVERSIDE COUNTY RECORDER IN ACCORDANCE WITH SECTION 9200 OF THE CALIFORNIA CIVIL CODE.

RECOMMENDATION:

Accept the public works improvement identified as 2021 Sewer Collection System Repairs, City Project No. 21-18 (“Project”), as completed in accordance with the plans and specifications; and

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for 2021 Sewer Collection System Repairs, City Project No, 21-18.

2. K. APPROVE AMENDMENT NO. 2 TO CONCESSION LEASE AGREEMENT NO.

A5855 WITH LAMAR AIRPORT ADVERTISING COMPANY
RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. A5855 with Lamar Airport Advertising Company for a one-year contract services agreement extension from April 1, 2022, through March 31, 2023.

1. Authorize the City Manager or his designee to execute all necessary documents.

2. L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF January 1 THROUGH January 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2022.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

February 24, 2022 City Council Regular Meeting Agenda 5

2. PUBLIC HEARINGS:

A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES, ADOPTION OF A DISTRICT BOUNDARIES

MAP, AND INTRODUCTION OF AN ORDINANCE ADJUSTING ELECTION

DISTRICT BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION 21601 ET SEQ
RECOMMENDATION:

Conduct a public hearing to receive public input on district boundaries.1.

Select Map Option K or L for approval and introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS AMENDING PALM SPRINGS MUNICIPAL CODE SECTION

2.02.005(B) REGARDING BY-DISTRICT ELECTIONS, ADJUSTING THE

BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND

CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS

REFLECTED IN THE ATTACHED MAP

2. B. AN APPLICATION BY CHARLES AND PATRICIA STUMPF, OWNERS, FOR HISTORIC DESIGNATION OF “THE WILLIAM PURCELL RESIDENCE” LOCATED AT 252 OCOTILLO DRIVE, (APN #508-292-013), CASE HSPB #141 RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE WILLIAM PURCELL RESIDENCE” LOCATED AT 252 OCOTILLO DRIVE, AS CLASS 2 (HISTORIC MERIT) HISTORIC
RESOURCE HSPB #141, SUBJECT TO CONDITIONS (APN 508-292-913).”

2. 3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM

SPRINGS
RECOMMENDATION:

Direct Staff as appropriate.

5. NEW BUSINESS:

A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022–2023 ANNUAL

ACTION PLAN AND BUDGET DISCUSSION
RECOMMENDATION:

The CDBG Annual Action Plan (AAP) is prepared by the City every year pursuant to requirements set forth by the Department of Housing and Urban Development (HUD), which mandate that units of government receiving federal housing and February 24, 2022 City Council Regular Meeting Agenda 6 community development assistance must prepare an AAP as part of the implementation of the Five Year Consolidated Plan (ConPlan) which serves as the blueprint for community development activity in the City. At this time, Staff is seeking input from the City Council regarding the Annual Action Plan and CDBG Budget for the 2022-2023 fiscal year.

B. FISCAL YEAR 2020-21 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM

SPRINGS
RECOMMENDATION:

Receive and file the following Financial Audit Reports for fiscal year June 30, 2021:

Comprehensive Annual Financial Report (CAFR)
Audit Communication letter to the City Council
Internal Control and Compliance letter to the City Council Passenger Facility Charge (PFC) Report
Housing Successor Audit Communication letter to the City Council Public Financing Authority Financial Statements.

Measure J Fund Report Annual Financial Report
Measure D Independent Accountant’s Agreed Upon Procedures Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)

C. APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING A

CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE PALM SPRINGS CITY HALL, A CLASS 1 (LANDMARK) HISTORIC SITE LOCATED AT 3200 EAST TAHQUITZ CANYON WAY – REMOVAL OF FRANK BOGERT STATUE, (HSPB #33D/ CASE 3.3377).

RECOMMENDATION:

Approve a Resolution Denying the Appeal and Upholding the Decision of the Historic Site Preservation Board, Approving a Certificate of Appropriateness for Alterations to the Palm Springs City Hall, A Class 1 (Landmark) Historic Site Located at 3200 East Tahquitz Canyon Way – Removal of Frank Bogert Statue (HSBP #33D / Case 3.3377).

1. D. REVISED CITY COUNCIL RULES OF PROCEDURE
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF PROCEDURE.”

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA February 24, 2022 City Council Regular Meeting Agenda 7

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on February 18, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

February 24, 2022 City Council Regular Meeting Agenda 8

CITY COUNCIL STAFF REPORT
02/24/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, February 24, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2).

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.

Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021, and October 29, 2021, regarding Frank Bogert statue.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(4)

Under existing facts and circumstances, there are six (6) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR Gov’t Code § 54957.6

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Executives

CITY COUNCIL STAFF REPORT
02/24/2022 1. A.

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:

Fin
d that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, C ommission, and Committee meetings will be held by videoconference, in accordance with AB 361.

BACKGROUND:

Gov
ernor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - 1
City Council Staff Report
February 24, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item 1A - 2

CITY COUNCIL STAFF REPORT
02/24/2022 1. B.

City Clerk -

SUBJECT
APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT WITH ACE PARKING MANAGEMENT, INC.

RECOMMENDATION:

1. Authorize the City Manager to execute all necessary documents. 2.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DAT
E: FEBRUARY 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT WITH ACE PARKING MANAGEMENT, INC.

FROM: Justin Clifton, City Manager
BY: Veronica Goedhart, Department of Special Program Compliance SUMMARY:

The
City Council will consider an amendment to the City’s contract with Ace Parking Management, Inc. (“Contractor”) for parking enforcement management services. The amendment as proposed would formally extend the term of the existing agreement for an additional two years. These services by Contractor are necessary to maintain continued enforcement at various City-owned public parking facilities, along public streets and the thirty-four (34) electric vehicle charging stations throughout the City.

RECOMMENDATION:
1) Appr
ove Amendment No. 2 to the Contract Services Agreement with Ace Parking Management, Inc. for parking enforcement management services , exercising the final two-year term extension option, in an amount not to exceed $180,732. 2) Authorize the City Manager to execute all necessary documents.

STAFF ANALYSIS:

The Ci
ty entered into a contractual relationship with Ace Parking Management, Inc. in February 2014 to provide parking enforcement services. The original Agreement is included as Attachment A.

The City amended the agreement on February 7, 2018, expanding the scope of services to include the new public parking facility and the City’s various electric vehicle charging stations. The amendment increased the maximum contract amount by $43,654 annually, from $137,078 to $180,732. This amendment is included as Attachment B.

On April 8, 2020 in response to the COVID -19 pandemic and City’s responsive budget mitigation, the contract was suspended. On March 17, 2021, the City reinstated services Item 1B - 1
City Council Staff Report
February 24, 2022 -- Page 2
Amendment No. 2 – Aces Parking Management, Inc. for Parking Enforcement Services and extended the term by eleven (11) months. The revised agreement expires February 18, 2022 and has one final two-year optional renewal period. This letter agreement is included as Attachment C.

It is important the City continues parking enforcement services to enforce applicable parking regulations within the Downtown Palm Springs Specific Plan which includes a 1,515-space parking facility as well as the thirty-four (34) electric vehicle charging stations at various locations across the City.

Ace parking enforcement has issued an average of 4,540 citations yearly between 2014 through 2019, resulting in average collections of $198,815. Calendar years 2020 and 2021 were not included in this calculation as services were suspended for a significant part of those years.

BUSINESS PRINCIPAL DISCLOSURE
Ac
e Parking Management, Inc, is a California corporation. Steve Burton is President and John Baumgardner is Chief Executive Officer. A copy of the Business Disclosure is included as Attachment D.

FISCAL IMPACT:

Suf
ficient funding is budgeted and available for Contractor’s continued services.

Expenses paid pursuant to the Consultant’s agreement will not exceed $180,732 annually. Since the implementation of the contract, the average amount of collect ions from citation issuance is $198,815.

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

A. Or
iginal Agreement.

B. Amendment No. 1 to Contract Services Agreement.

C. Letter of Re-instatement to Contract Services Agreement.

D. Business Disclosure.

Item 1B - 2
Item 1B - 3

CONTRACT SERVICES AGREEMENT
(PARKING ENFORCEMENT SERVICES)
THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on W"{N,\v \(i'.,, 2014, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and ACE Parking Management, Inc. ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City has determined that there is a need for Parking Enforcement Services ("Project").

B. Contractor has submitted to City a proposal to provide Parking Enforcement Services to City for the Project under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such Contract services.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services, In compliance with all terms and conditions of this Agreement, Contractor agrees. to perform the Contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest Contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest Contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced Contracts performing similar work under similar circumstances. 1,2 Contract Documents. The Agreement between the Parties shall consist of the following:(!) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents").

The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I") the provisions of the Scope of Services (Exhibit "A"); (2°•) the provisions of the City's Request for Proposal (Exhibit "B"); (3'•) the terms of this Agreement; and, (4th) the provisions of the Contractor's Proposal (Exhibit "C").

1.3 Compliance with Law, Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
720669.1
Revised: 6/16/!0
f•RtGINAL BID
A..'{0/0R AG,~En.,r•, ...

Item 1B - 4

1.4 Licenses. Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and ( c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustruent in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustruents must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform ofup to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Thirty Seven Thousand Seventy Eight Dollars per year, ($137,078) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor 720669.1 Revised: 6/16/10
Item 1B - 5
that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified io this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D''), io any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the iovoice. The invoice shall be io a form approved by the City's Fioance Director and must be submitted no later than the tenth (10) workiog day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reportiog data including an itemized breakdown of all costs iocurred and tasks performed duriog the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes io the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifyiog all proposed amendments, includiog, but not limited to, any additional fees. An amendment may be entered ioto:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not iocluded io this Agreement or not customarily furnished io accordance with generally accepted practice in Contractor's profession.

2.4 Appropriations. This Agreement is subject le and contiogent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement accordiog to the agreed upon attached Schedule of Performance (Exhibit "E"), iocorporated by reference.

3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved io writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial ioability excepted) if Contractor, within ten ( I 0) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes ioclude, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if io the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section.

Revised: 6116110
720669.1
Item 1B - 6

3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed five (5) years, from the commencement date, with two (2) two (2) year optional renewals except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice.

Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Steve Burton, President. It is expressly understood that the experience, knowledge, education, capability. expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer.

Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

Revised: 6/16/10
720669.1
Item 1B - 7
A. During the performance of this Agreement, Contractor and its officers. employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or othefVt'ise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for Contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractcr's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.

5. INSURANCE

5.1 Types of Insurance, Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for Contract liability ( errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form Contract liability (errors and omissions) insurance coverage in an amount ofnot less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (I) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any Contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the Contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor Revised: 6116/ I 0
720669.1
Item 1B - 8
during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California.

Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
720669.l

5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, Revised: 6/16/10
Item 1B - 9
720669.1
against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in Revised: 6/16/10
Item 1B - 10
any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating ofB++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement.

The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

Verification of Insurance coverage may be provided by: (I) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

I. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statemen\).

2. ,. This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement).

3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative'
1 is not acceptable and must be crossed out.

4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with anthority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them.

Revised: 6/16/10
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Item 1B - 11

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers ( collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement.

Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

6.2 Design Contract Services Indemnification and Reimbursement. If the Agreement is determined to be a "design Contract services agreement" and Contractor is a "design Contract" under California Civil Code Section 2782.8, then:

A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party''; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties ( collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers.

B. The Contractor shall require all non-design-Contract sub-contractors, used or sub- contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties.

In addition, Contractor shall require all non-design-Contract sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer.

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer Revised: 6/16/10 720669.]
Item 1B - 12
the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assigmnent to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation, This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by Revised: 6/16/10
720669.1
Item 1B - 13
rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.

Compliance with the provisions of this section shall not constitute a waiver of any City rigbt to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.

B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement.

8.4 Waiver, No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cnmulative. Except with respect to rigbts and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rigbts or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert Contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

Revised: 6/16110
720669.1
Item 1B - 14

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation.

Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (I) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. Jfthe use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10,2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confinned within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant Revised: 6/16/10
720669.1
Item 1B - 15
messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Contractor:

City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
ACE Parking Management, Inc.
645 Ash Street
San Diego, CA 92101
Attention: Steve Burton
Telephone: 619-233-6624
Facsimile: 619-233-0741

10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

Revised: 6/16/10
720669.1
Item 1B - 16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

Date:._c::<3=...=_,f'----, Y_,/_z_o_,+ __ _
APPROVED AS TO FORM:

By:

APPROVED BY CITY COUNCIL:

Date: ___ Agreement No. __
"CITY"
City of Palm Springs
2~--~ By:-::2: -. -- ---,...::- ,,
David H.Ready
City Manager APPROVED BY Cl1Y COUNCIL
ATTEST
James Thompson,
City Clerk
a-\~-\t\- afa ~'2W\7
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

CONTRACTOR NAME:

ACE Parking Management Inc.
645 Ash Street
San Diego, CA 92101Address
B
,/
720669. l
Check one_ Individual_ Partnership .i,_corporation
By __ .+-{l~'--:::.:0::=_.--:__e.,c..:c~'---"----=---=-~C-'--·.:___:r..,;, Signature (Notarized)
Revised: 6/16/10
Item 1B - 17

ACKNOWLEDGMENT
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
On 25 February 2014, before me, R. Shacklett, a Notary Public, personally appeared Steve Burton, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~J.
1@-.. R. SHACKLETT t ~ COMM. #1881434
~ , NOTARY PUBUC-CAI.IFORNIA £?
c, SAN DIEGO COUNTY !? I · My Commluion Expires I MARCH 1, 2014 Item 1B - 18

ACKNOWLEDGMENT
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
On 25 February, 2014, before me, R. Shacklett, a Notary Public, personally appeared Ross Seibert, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
v
'@ R. SHACKLETT I : ' .. COMM. #1881434 n
CJ , NOTARY PUBUC-CAI.IFORNIA ~
,n SAN DIEGO COUNTY •
I . My CommlPlon lb!>~•• I MARpH1i:2014
Item 1B - 19
EXHIBIT "A"

SCOPE OF SERVICES
Generally, the scope of work consists of, but is not limited to, the enforcement of the City's downtown and uptown on-street parking and parking lot am as more fully described below. It is important to note that the services do NOT include the Parking Citation Processing and Collecting services, as the City shall contract separately for those services.

Please note that sub-contracting is NOT permitted under this contract.

The City is contemplating a contract with an initial five (5) year term, with the option for the City to renew for up to two (2) additional terms of two (2) years each. Any renewal is at the sole discretion of the City Manager.

Contractor's Responsibilities: Enforce the City's downtown, on-street and parking lot parking program. Please note that this program may be modified at the discretion of the City Manager or the City Manager's designee at any time.

Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work 9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work the11 :30 a.m. until 8:30 p.m. shifts Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.

Monday through Friday or as needed (25 hours), for a total of 89 hours. These hours and schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be given a meal break of one (1) hour.

Contractor shall provide personnel who are of good health and are able to tolerate extreme summer temperatures. Health requirements must be substantiated by providing a health certificate that includes a medical exam and an eye exam provided by a Licensed Medical Doctor in the State of California.

Parking Enforcement Regular Duty:

Contractor shall enforce all parking related ordinances, statutes, and codes as required and where required by the City Manager or the City Manager's designee. Typical violations enforced include but are not limited to:
• All legally designated handicapped parking areas, on and off street • All "time-restricted" on-street parking
• All "No Parking Anytime" areas
• Vehicles parked on sidewalks
• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks
• Vehicles parked facing the wrong way
• Green, yellow, white, and red zone restricted parking • Improper parking
Additional Duties:

Item 1B - 20
• Enforcement during City sponsored and community events • Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the general public • Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts • Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers • Monthly summary of activities showing total work hours, lime sheets, patrol and non- patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.

Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any lime with written notice to Contractor.

Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown parking structure, and one (1) time-limit parking lot. On occasion the City is requested to have a PCO patrol privately owned shopping center parking lots for recurring violations on an as needed basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. The patrol plan/route and list of private parking lots is included herein for reference (see below).

Chalk and patrol times will be logged in a Daily Activity Report (DAR) and turned in at the end of each work day to the Contract Administrator (sample included herein, see below). The City reserves the right to require modification of the patrol plan from time to time as appropriate.

Onsite Supervisor: Contractor shall provide an Onsite Supervisor for day-to-day operations and who will also act as a PCO. Supervisor will provide reports as needed, respond to complaints, training needs, will track working hours, and supervise the contract personnel. Any disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite Supervisor shall meet with the Contract Administrator or designee weekly to discuss any complaints or violations of the Performance Standards that may be reported by the public or observed by the City.

Complaints to the City regarding contract employees: Contractor's assigned Onsite Supervisor shall investigate and report any complaints regarding their employees received from the public or the City within 24 hours of the report. The City shall reserve the right to contact the reporting party and Contractor employee as needed to resolve the complaint to the City's satisfaction, with the understanding that unprofessional or discourteous treatment of the public will not be tolerated.

City's Rights: City reserves the right to establish, modify, add or delete enforcement areas, routes, and hours of enforcement. City further reserves the right to approve or deny Contractor's personnel. The City retains the right to review and direct modification of any Contract employee training program. The City's rights under this provision may be exercised by the City Manager or the City Manager's designee.

Item 1B - 21

PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED BY CONTRACTOR:

Parking Enforcement Uniforms:
• All personnel shall wear uniforms while on duty.
• Contractor shall be responsible for providing personnel with proper, complete, and acceptable uniforms.
• Uniform shall include a name badge or tag. Uniforms and identifying badges shall be distinct enough from those used by Peace Officers or other sworn personnel so that the general public will not mistake parking enforcement personnel for Peace Officers. • Contractor shall not issue any uniform or identifying badge without the prior written approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved uniform.
• Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the contract employee.
• Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseball-style hat.

Equipment and Supplies:

Contractor must provide all necessary equipment and supplies for the purpose of parking enforcement services, including safety equipment (reflective vests), chalk, chalking sticks, tape measures, flashlights and batteries.

Vehicles:

Contractor shall provide a minimum of two (2) of the Smart Cars with air conditioning that will be white in color, with markings identifying them as "City of Palm Springs, Parking Enforcement" with flashing light bar and reflective stickers indicating a "slow moving" vehicle. Vehicle logo design must be approved by the City. Vehicles must have a locked or secured storage compartment area for supplies. Vehicles are to be used exclusively for parking enforcement services only as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor or principal, or for any other business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in good, safe operating condition and in a professional appearance by the Contractor.

Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.

Vehicles that are damaged or disabled while in service for the City of Palm Springs shall be replaced with an operable vehicle within four ( 4) hours. Replacement or repair of damages will be the responsibility of the Contractor.

Contractor shall be responsible for parking and securing all patrol vehicles at the City Yard Facility, located at 425 South Civic Drive in Palm Springs, when not in use. The Contractor shall be financially responsible for damaged, lost or stolen equipment provided by the City (including radio equipment, emergency equipment, etc.). The Contractor shall prepare and maintain a complete, detailed, accurate, and current inventory of all equipment and supplies provided by the City for use by the Contractor.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Item 1B - 22
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Operations Methodology: The City strongly believes in customer service, and expects Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional manner at all times. Enforcement action is to be carried out in a uniform and fair manner.

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action (i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or vehicles creating unsafe conditions, record date and time of the patrol, etc.).

Voided Parking Citations: Any citation deemed inappropriate during or immediately following issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation, provided the PCO issues a corrected citation. If the PCO determines that the parking citation should be voided due to an error on the PCO's part and a corrected citation will not be issued, the PCO shall document and record this action. Voided parking citations will be recorded and monitored via the citation database. Citation Processing Services are NOT part of the scope of work for this contract, as the City shall contract for those services separately.

Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and issue appropriate citations as necessary during their shifts. A PCO must account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road, make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo. (Log time)
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.

BEGIN CHALKING on East side of S Indian Canyon (E) heading north to Avenida Grand Via Valmonte
(Log time)
(not chalking*) Turn left onto Avenida Grand Via Valmonte , go to N Palm Canyon and turn right.

BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola (Log time)
Turn left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and continue chalking Via Lola heading east back to N Palm Canyon.

Item 1B - 23
(Log time)
Turn right onto North Palm Canyon Dr.

BEGIN CHALKING on the West side of N Palm Canyon (W) heading south to Alejo. (Log time)
Turn right onto Alejo
BEGIN CHALKING on Alejo Road heading west. Enter and Patrol the City of Palms Springs Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Rd.

Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd {Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo Road
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo Road and exit the structure where you came in on Baristo and turn right.

BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
{Log time)
Tum left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Item 1B - 24
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west {left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
{Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.

BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd (Log time)
(not chalking*) Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard". (Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.

BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot (Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project" Free Unlimited Parking Lot and patrol. (this lot is currently surrounded by major construction) (Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then turn right on Tachevah Dr. and then turn left on Miraleste.

BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr.

Item 1B - 25
(Log time)
This concludes your route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed.

If not, the PCO may review the route for other parking violations such as color zones or handicapped violations, etc. If three hours have passed since starting the first chalking rotation, then the PCO returns to the beginning of the patrol route and observes if any of the vehicles parked are in violation by the chalk mark put on the tire and writes a citation. Once completing all citations for the route, the PCO then goes back to the beginning of the route and starts the chalking / patrol again. This cycle is typically repeated three times per day.

Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).

Item 1B - 26

DAILY ACTIVITY REPORT
Date: _______ _ Start Time: ______ _ End Time: _____ _
Beginning Mileage: _____ Ending Mileage: ____ Gallons: ____ _ CHALK/ PATROL TIMES: Chalk times= Streets & Patrol times= Parking Lots Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot (chalk*)
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots•
1 st
Time 2
nd
Time 3"'Time
nla nla
Item 1B - 27
(*The south (front) and east lots are patrolled~ per day on Friday, Saturday, and Sunday only) Shopping Center Parking Lots:

Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.

Walmart Shopping Center (Ramon Road at Crossley)
Gene Autry Plaza (Ramon Road at Gene Autry, south side) The Springs Shopping Center (Ramon Road at Gene Autry, north side) Regal Theaters (Alvarado at Tahquitz Canyon Way)
Steinmart (S. Palm Canyon at Morongo Road)
Smoke Tree Commons (E. Palm Canyon at Barona)
Smoke Tree Plaza (Palm Canyon at Sunrise Way)
Fresh-N- Easy (Sunrise Way at Tahquitz Canyon Way)
Desert Regional Medical Center (Indian Canyon Dr. at Paseo El Mirador) Item 1B - 28
EXHIBIT "B"

CITY'S REQUEST FOR PROPOSALS
Item 1B - 29

CITY OF PALM SPRINGS, CA
NOTICE INVITING PROPOSALS FOR RFP #04-14

PARKING ENFORCEMENT SERVICES
NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from highly motivated and qualified firms to provide the City with parking enforcement services under a multi-year contract.

PROJECT LOCATION: Primarily the downtown and uptown districts of the City of Palm Springs, CA.

SCOPE OF SERVICES: The scope of work will consist of enforcing the City's downtown, on street and parking lot parking program.

OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email at [email protected] to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP.

EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City.

DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, WEDNESDAY, SEPTEMBER 4, 2013. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened.

PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

Craig L. Gladders, C.P.M.

Procurement and Contracting Manager
July 31, 2013
Item 1B - 30

CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #04-14

PARKING ENFORCEMENT SERVICES
Requests for Proposals (RFP #04-14), for parking enforcement services for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, WEDNESDAY, SEPTEMBER 4, 2013. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions.

1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to provide the City with enforcing the City's downtown, on-street and parking lot parking program, as more fully set-forth in the Scope of Services contained herein.

SCHEDULE:

Notice requesting Proposals posted and issued ...................................................... July 31, 2013 Deadline for receipt of Questions .............................. Thursday, August 22, 2013, 12:00 P.M.

Deadline for receipt of Proposals ........................ Wednesday, September 4, 2013, 3:00 P.M.

Short List/ Interviews/, *if desired by City ......................................................... lo be determined Contract awarded by City Council ..................................................................... to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change.
"KEY" TO RFP ATTACHMENTS:

ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope.

ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope.

ATTACHMENT "C" - Cost Proposal Form. *Must be completed and included in a separately sealed envelope - do NOT include this with your Technical Proposal.

ATTACHMENT "D" - Sample boilerplate Contract Services Agreement (for reference only}
Item 1B - 31

2. BACKGROUND: The City of Palm Springs, CA is located in the Coachella Valley in the Southern California desert approximately 120 miles east of Los Angeles. With a year round population of approximately 45,000 residents, the City is a popular resort destination during the winter and spring months, filling our local hotels and businesses with visitors from all over the world. The City has a core downtown and uptown shopping and entertainment district which requires the enforcement of the on-street and parking lot parking program by a qualified parking enforcement company. The City does not utilize City Police Patrol officers to enforce the parking program.

The firm awarded the contract and all of its personnel will have demonstrated an exceptional familiarity with parking enforcement statutes, laws, ordinances, policies, parking program technologies, as well as citation, towing and hearing procedures. As tourism is the driving force of the Palm Springs economy, the selected firm, and all of its personnel, must have a documented and superior understanding of public relations, customer service practices and conflict mitigation techniques. The City requires enforcement services be provided in a courteous, professional manner that facilitates positive relationships with the City's residential and business communities and with the many visitors that come to enjoy the City of Palm Springs.

3. SCOPE OF SERVICES:

Generally, the scope of work consists of, but is not limited to, the enforcement of the City's downtown and uptown on-street parking and parking lot am as more fully described below. It is important to note that the services do NOT include the Parking Citation Processing and Collecting services, as the City shall contract separately for those services.

Please note that sub-contracting is NOT permitted under this contract.

Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work 9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work the11:30 a.m. until 8:30 p.m. shifts Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.

Parking Enforcement Regular Duty:

Item 1B - 32
Contractor shall enforce all parking related ordinances, statutes, and codes as required and where required by the City Manager or the City Manager's designee. Typical violations enforced include but are not limited to:
• All legally designated handicapped parking areas, on and off street • All "time-restricted" on-street parking
• All "No Parking Anytime" areas
• Vehicles parked on sidewalks
• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks
• Vehicles parked facing the wrong way
• Green, yellow, white, and red zone restricted parking • Improper parking
Additional Duties:
Enforcement during City sponsored and community events Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the general public • Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts • Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers • Monthly summary of activities showing total work hours, time sheets, patrol and non- patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.

Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.

Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown parking structure, and one (1) time-limit parking lot. On occasion the City is requested to have a PCO patrol privately owned shopping center parking lots for recurring violations on an as needed basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. The patrol plan/route and list of private parking lots is included herein for reference (see below).

Onsite Supervisor: Contractor shall provide an Onsite Supervisor for day-to-day operations and who will also act as a PCO. Supervisor will provide reports as needed, respond to complaints, training needs, will track working hours, and supervise the contract personnel. Any disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite Supervisor shall meet with the Contract Administrator or designee weekly to discuss any Item 1B - 33
complaints or violations of the Performance Standards that may be reported by the public or observed by the City.

PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED BY CONTRACTOR:

Parking Enforcement Uniforms:
• All personnel shall wear uniforms while on duly.
• Contractor shall be responsible for providing personnel with proper, complete, and acceptable uniforms.
• Uniform shall include a name badge or tag. Uniforms and identifying badges shall be distinct enough from those used by Peace Officers or other sworn personnel so that the general public will not mistake parking enforcement personnel for Peace Officers. • Contractor shall not issue any uniform or identifying badge without the prior written approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved uniform.
• Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the contract employee.
• Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseball-style hat.

Equipment and Supplies:

Vehicles:

Contractor shall provide a minimum of two (2) alternative fuel parking enforcement vehicles, white in color, with markings identifying them as "City of Palm Springs, Parking Enforcement" with flashing light bar and reflective stickers indicating a "slow moving" vehicle. Vehicle logo design must be approved by the City. Vehicles must have a locked or secured storage compartment area for supplies. Vehicles are to be used exclusively for parking enforcement services only as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor or principal, or for any other Item 1B - 34
business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in good, safe operating condition and in a professional appearance by the Contractor.

Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road, make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo. (Log time)
Item 1B - 35
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.

BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola (Log time)
Tum left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and continue chalking Via Lola heading east back to N Palm Canyon. (Log time)
Turn right onto North Palm Canyon Dr.

Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm Canyon.
{Log time)
Tum right onto Palm Canyon Dr. and move into the far left lane BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd (Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo Road
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo Road and exit the structure where you came in on Baristo and turn right.

Item 1B - 36
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
(Log time)
Tum left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-tum and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.

BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot Item 1B - 37
(Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project" Free Unlimited Parking Lot and patrol. (this lot is currently surrounded by major construction) (Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr .. then turn right on Tachevah Dr. and then turn left on Miraleste.

BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr. (Log time)
This concludes your route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed.

Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).

Item 1B - 38

DAILY ACTIVITY REPORT
Date: _______ _ Start Time: ______ _ End Time: _____ _
Beginning Mileage: _____ Ending Mileage: ____ Gallons: ____ _ CHALK/ PATROL TIMES: Chalk times= Streets & Patrol times= Parking Lots Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot ( chalk*)
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots•
1 st
Time z"d Time 3"' Time
nla nla
Item 1B - 39
(*The south (front) and east lots are patrolled once per day on Friday, Saturday, and Sunday only) Shopping Center Parking Lots:

Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.

4. PROPOSAL REQUIREMENTS:

The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements.

Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.

5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted.

6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

A. Firm/Company Qualifications and experience in providing similar services as defined in the RFP, including References from other cities. (20 POINTS) Item 1B - 40
B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work. (20 POINTS) C. Supervisor and Staff Qualifications, Experience and Training in providing the services as defined in the RFP, including resumes (25 POINTS)
D. Local Preference: Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. (5 POINTS) E. Cost Proposal (30 POINTS)
PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects.

7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 ½ X 11 format, may be no more than a total of twenty (20) sheets of paper (double sided is OK ), including a cover letter. NOTE:

Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments and the separately sealed Cost Proposal do NOT count toward the page limit. Interested firms shall submit SIX (61 copies (one marked "Original" plus five (51 copies) of its proposal by the deadline.

All proposals shall be sealed within one package and be clearly marked, "RFP #04-14, REQUESTS FOR PROPOSALS FOR PARKING ENFORCEMENT SERVICES. Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technical/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive.

EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES:

Envelope #1, clearly marked "Technical/Work Proposal", shall include the following items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.

Item 1B - 41
TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, and D below:

SECTION A:

FIRM/COMPANY QUALIFICATIONS AND EXPERIENCE (including any subcontractors) AND REFERENCES FROM OTHER CITIES.

A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here.

A.2 Describe the firm's number of years of experience, background and qualifications in providing parking enforcement services as defined in the RFP. We specifically are interested in your experience with other cities, and experience in other seasonal or resort cities should be highlighted.

A.3 Include a minimum of three (3) references of recent customers (cities) for who your firm has provided similar parking enforcement services as contemplated herein. You must include the name of a contact person, their title, and a current phone number, fax number, email address and business address along with a brief description of the scope of work and cost for each referenced city.

SECTION B:

PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND

DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED

SCOPE OF WORK

8.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration.

B.2 Without reciting the information regarding the services verbatim as contained in this RFP, convey your overall understanding of the parking enforcement services and the City's performance expectations. Discuss your firm's approach to Customer Service, Conflict Resolution, and working with the City's assigned Contract Administrator.

B.3 Discuss how your firm will meet the Uniform, Equipment, Supplies, Safety Equipment (including reflective vests), and Alternative Fuel Vehicle requirements as set forth in the RFP.

Provide detailed and specific information.

B.4 Identify any "key" or "critical" issues that you believe may be encountered based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful performance of the services. Carefully review the Route Plan provided.

SECTION C:

ASSIGNED SUPERVISOR AND STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING

IN PROVIDING PARKING ENFORCEMENT SERVICES
Item 1B - 42
C.1 Include the background, experience, training, and Resume of the staff person you're your firm will assign as the full-time On-Site Supervisor PCO for this contract. In addition, provide the background experience, training, and Resumes of the other part-time PCO staff members that will be assigned to perform parking enforcement services for the City under this contract.

C.2 Provide how your employees are educated, trained, and prepared for parking enforcement services. Include any continuing education or other training programs that your employees must attend to keep abreast of current applicable laws, codes, and ordinances that pertain to parking enforcement services. Also include your company training program for proper use of the supplies, materials, equipment, and vehicles to be used in the performance of parking enforcement services.

SECTION D:

LOCAL PREFERENCE
D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public.

The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response /see Attachment Al and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility.

D.2 List all team members with local expertise. Clearly define their role in the overall project.

COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section E below:

SECTION E:

COST PROPOSAL (*see Attachment "C'?
Item 1B - 43
E.1 The cost proposal (in a separate sealed envelope) shall be a Unit Hourly Rate for the specified PCO's as defined in the Scope of Services and as provided in Attachment C.

PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2,. Attachments "A" and "B" are to be included in Envelope #1, "Technical/Work Proposal".

8. GENERAL AND SPECIAL CONDITIONS:

DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting unti) 3:00 P.M., LOCAL TIME, WEDNESDAY, SEPTEMBER 4, 2013. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to:

City of Palm Springs
Procurement and Contracting Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal.

Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to:

Craig Gladders, C.P.M.

Procurement & Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: [email protected]
Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 12:00 P.M., /NOON) Local Time, Thursday, August 22, 2013. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

Item 1B - 44
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "D"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties.

The term of the agreement that is awarded as a result of this RFP shall be in effect for five (5) years, with the option for two (2) additional two (2) year renewals at the discretion of the City Manager and pursuant to the terms and conditions of the agreement, including the provisions for early termination.

Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.

AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.

RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected.

PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after award of contract to a specific firm, if any, by the City Council.

Item 1B - 45
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax".

INVESTIGATIONS: The City reserves the right to make such investigations as ii deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non Collusion provided as Attachment "B" in the RFP and include it with their proposal.

PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved.

REQUEST FOR PROPOSALS (RFP 04-14)
FOR

PARKING ENFORCEMENT SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:

THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND

INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER

ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND

INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Item 1B - 46
Q 1: In regards to the Attorney General's op,rnon on private parking companies issuing municipal citations. Does the City of Palm Springs see an issue with the statement that cities "cannot reasonably be considered as the type of service that by implication may be contracted out to a private party''?
A 1: The 2002 Attorney General Opinion referenced (85 Ops. Cat. Atty. Gen. 83) was specific to General Law Cities. The City of Palm Springs is a Charter City.

Q 2: Page 23 of 38 A. Errors and Omissions Insurance; refers to "industry standard form Contract liability (errors and omissions) insurance coverage. Errors and Omissions insurance routinely excludes contractual liability. Do you wish the contractor to purchase errors and omissions with contractual liability; this coverage is not readily available. Would the City of Palm Springs accept professional liability insurance?
A 2: The Requirement for Errors and Omissions Insurance for this contract shall be Waived.

Q 3: Page 24 of 38- 5.2 Deductibles and Self-Insured Retentions; your maximum allowable is $10,000 will you accept $100,000?
A 3: As stated in the document, the City may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for alt deductible amounts and self-insured retentions proposed in excess of $10,000. The City will make this determination during the negotiation phase with the contractor that is recommended for award, should they request it.

Q 4: Page 27 of 38 - Indemnification and Reimbursement; this statement could cause the contractor to indemnify and defend the city against things that would otherwise fall within the immunity of government entities. What is the intent?
A 4: The provision speaks for itself and the language shall not be revised or changed.

Q 5: Attachment B- If attachment B needs to be notarized can the state and county be changed?
A 5: Yes.

Q 6: How many parking stalls in the patrol area?
A 6: 803 time-limit parking spaces.

Q 7: Does the City of Palm Springs provide an office and utilities for that office? A 7: No, not currently. At this time the City only provides access to a secured shared office space inside City Hall where the CPO may access the citation computer equipment. No desk or chair or other "office" furniture is provided for the CPO. In the event the City were able to provide an office space at a future date, the contractor would be notified and yes, the utilities would be paid for by the City.

Q 8: Does the City of Palm Springs purchase the ticket stock and envelopes or is this a cost that should be included in our cost proposal?
Item 1B - 47
A 8: Yes, the City provides the ticket stock and envelopes.

Q 9: Does the City of Palm Springs have handheld units and citation issuing software or is this to be provided by the contractor?
A 9: Yes, the City has handheld units and citation software that is provided by another contractor. This equipment is not to be provided by the enforcement contractor in this RFP.

Q 10: What hand held equipment and citation issuing software is currently being used? A 10: AutoCite Series D Handheld is the current equipment, however that is subject to change at the discretion of the City.

Q 11: Is the contractor responsible for purchasing computers and office furniture or is this supplied by the City of Palm Springs?
A 11: Computer equipment is provided by the City. See answer to Question #7 with respect to Office furniture.

Q 12: Are gasoline/electric hybrid cars which provide an average of 50% increased mileage considered to be an acceptable alternative fuel vehicle? If not what type or percentage of efficiency will meet the cities requirements?
A 12: Cars I automobiles of any kind are NOT an acceptable vehicle for the performance of this contract. The City requires Alternative Fuel/Hybrid Parking Patrol Vehicles ONLY.

Note that this contract requires the manual marking of parked vehicle tires, therefore a car/automobile is not acceptable.

Q 13: Does the City of Palm Springs currently own the vehicles utilized by the patrol staff or are those owned by the current operator? Are those vehicles alternative fuel? A 13: The City currently owns the outdated, aged, gasoline powered parking patrol vehicles and they will NOT be utilized under the new contract as a result of this RFP.

Q14: What was the proposed operational budget for the 2013/2014 year? A 14: The City of Palm Springs total operational budget is $83.4 million for the City's General Fund for our current FY 13-14.

Q 15: What additional reporting does the city require monthly? A 15: Time cards.

Q 16: Does the California All Purpose Acknowledgment need to be filled out and submitted with the proposal? Can the California All Purpose acknowledgement be notarized in another state? A 16: No. The California All Purpose Acknowledgement that is included with the blank sample boilerplate agreement is NOT to be filled out. The blank sample agreement is Item 1B - 48
provided for your information only and will be completed and executed with the firm that is successful in this process and awarded the contract.

Q 17: Can attachment B be notarized in another state?
A 17: See answer to question #5 above.

Q 18: Does the City of Palm Springs want the highlighted areas of attachment D completed? A 18: No. The blank sample agreement as provided in Attachment D is for your information only and will be completed and executed with the firm that is successful in this process and awarded the contract.

Q 19: City of Palm Springs has included Exhibits A, B, C and D. The RFP states that they are specifically left blank. Does the city want these filled out during the time of the proposal or will they be completed at a later date as specified on page 14 paragraph 3? A 19: No. The blank sample agreement, including all of the Exhibits, as provided in Attachment D is for your information only and will be completed at a later date and executed with the firm that is successful in this process and awarded the contract.

Q 20: Will the City be providing the selected vendor with any citation processing or other parking enforcement related equipment? If so, what type of equipment will be provided? A 20: See answers to Questions #8, 9, 10, and 11.

Q 21: Can the City please provide a list of members of the decision making committee who will be evaluating the proposals?
A 21: No.

Q 22: Does the City anticipate a decrease in the listed minimum schedule of 89 hours per week.

If so why, and by how many hours?
A 22: No. The City does not anticipate this at this time, however, the hours are subject to change and may be modified as noted in the RFP.

Q 23: Can we get breakdown by month of the numbers and types of violations that have being written over the last 2 years?
A 23: No, the City is unable to provide this information as requested. However, we are attaching hereto a copy of a Violation Summary report by one CPO for a 1 year period.

Q 24: Can we get the fine income generated on a monthly basis over the last 2 years? A 24: We are unable to provide this information at the time of publication of this Addenda #1. While the deadline for all questions has now passed, if in the event we are able to obtain the information requested, we will issue a second Addenda.

Q 25: Can we get copy of current contract that Standard Parking is under? Item 1B - 49
A 25: A copy of the Standard Parking contract is attached hereto.

Q 26: Can we get copies of invoices by month for the last 12 months for the current contract? A 26: A copy of the invoices for the last 12 months is attached hereto.

Q 27: Contract page 24 of 38 Self-insurance retention - We currently have a 100,000 self insurance retention amount on most of our coverage - This is standard with all our clients will this be OK with proof of ability to pay any claims? This contract states that all costs and claims are ours anyway.

A 27: See answer to Question #3.

Q 28: Can we get the current fine amounts for the fines being written? The parking codes

12.32.010, 12.32.020, 12.32.030, 12.32.040, 12.32.050, 12.32.080, 12.32.100 (all fines by color & zone violation) as well as any others they currently enforce for.

A 28: A copy of the City's current Violation fees (bail schedule) is attached hereto.

Q 29: The city has the right to cancel the agreement for any reason - We will be buying vehicles and equipment that we will be amortizing over the initial 5 years - Will the city reimburse unamortized values if the contract does not go initial 5 year term? A 29: No.

Q 30: If our hourly rate is based on 89 hours per week and the amortization of our capital is based on these hours, will the City consider increasing the billable hourly rate if there are significant drops in the average number of hours billed? A 30: No.

Q 31: Can the errors & omissions Insurance coverage be lowered? We have $1,00,000; but not the $2,000,000 annual aggregate?
A 31: See answer to Question #2.

Q 32: As long as we comply with the RFP specifications, can we provide supplemental cost proposal options and solutions?
A 32: Yes, as long as you comply and do not exceed the page limit. Note however that what is requested in the RFP is the preference of the City.

Q 33: Will the Contractor be offered the ability to renegotiate the hourly rates should the weekly hours described in the proposal be greatly reduced?
A 33: No.

Q 34: Will the City reimburse Contractor for unamortized capital investments (and/or non depreciated portions of capital assets) made on behalf of the City in the event of early Termination?
Item 1B - 50
A 34: No.

Q 35: Page 10 of the RFP materials. Contractor may be asked to patrol privately owned shopping center parking lots (listed on page 10). Will the City pay Contractor to patrol private property as well, or will the individual property owners be compensating Contractor for as needed patrol services?
A 35: The City will compensate the contractor.

Q 36: Section 5.2 - Our master insurance program contains a $250K deductible on our WC, Auto and GKLL policy, while our GL policy has a $250K self-insured retention. The City reserves the rights to require a lower deductible / retention amount. We are not able to reduce our insurance policy deductibles or retentions. Is this acceptable to the City? A 36: See answer to Question #3.

Q 37: Section 5.3.5 - Our insurance carrier requires that we keep in the "endeavor to" wording (as in - we "endeavor to" provide 30 days written notice of policy cancellation, non-renewal or material change). Is this okay with the City?
A 37: Yes.

Q 38: Section 5.3.8 & 5.5 - As proof of insurance coverage, we can submit certificates of endorsements and applicable endorsements. However, we are not able to provide full copies of our insurance policies. Is this okay with the City?
A 38: Yes, as long as all certificates, endorsements and all other insurance requirements are met.

Q 39: Section 6.1 of the sample contract. Contractor indemnifies the City for any claims or losses arising from Contractor's performance of this agreement, with the exception of the City's sole negligence or willful misconduct. Will the City remove the word "sole" before "negligence"? A 39: No. Also see answer to Question #4.

Q 40: Section 6.2 of the sample contract. This provision relates to design contract services. Will the City remove these inapplicable provisions from the agreement? A 40: Yes. These provisions will be waived.

Q 41: Section 8.3 of the sample contract. Please note that this provision conflict with Section 3.5 of the agreement, which states termination for cause rights. In this Section 8.3, the City may terminate the agreement for Contractor's breach with 10 days' prior written notice and if Contractor fails to cure within that time period. Additionally, the City reserves the right, even after termination of Contractor for cause, to perform the agreement themselves and to hold Contractor liable, or to withhold payment to Contractor by requiring Contractor to continue performing, for damages. Will the City consider removing Section 8.3(8) in its entirety, with the City having the right to terminate Contractor for cause under Section 8.3(A)? A 41: The language will be revised to reflect the City's standard termination language for this type of agreement which will be as follows: "City may terminate this Agreement at any time, with Item 1B - 51
or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.

Procurement & Contracting Manager
DATE: August 22, 2013
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: ________________ Date: ____ _
Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive.

Item 1B - 52
EXHIBIT "C~

CONTRACTOR'S PROPOSAL
Item 1B - 53
WE SEE
T~1E PEOPLE,
NOT THE CARS.
" • • • EVERY THANK YOU EARNED:"
pa,: ,ng
City of Palm Springs
City of Palm Springs Parking Enforcement RFP
Item 1B - 54
City of Palm Springs Parking Enforcement

TABLE OF CONTENTS
1 Item 1B - 55
·. ounding Member of the
ational Parking Association
our mission
By valuing our employees, listening to our dients, and operating under the Ideals of moral integrity, quality, and accountability, we will lead the paridng Industry in service and finandal results for our dients.

LETTER OF TRANSMITTAL
August 29, 2013
Craig L. Gladders
City of Palm Springs
Office of Procurement and Contracting
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Gladders,
Ace Parking is pleased to provide the City of Palm Springs with a proposal for Parking Enforcement Services. Ace Parking is a Southern California based company with both long term business and residential ties to Palm Springs and the Coachella Valley. We have partnered on behalf of the City for over 7 years as your parking partner at the Airport. We have over 30 employees working for us in Palm Springs with an annual payroll of over $350,000.

Additionally, we manage the Traffic Control Officers that control the traffic flow on the Airport's roadway. Our intention is to cross train many of these individuals to be back-ups for our proposed Traffic Enforcement Officers for the downtown enforcement program. Our team will be overseen by Bill Huff, our manager of the TCO's at the airport. Bill has firsthand knowledge of your operation and will be an valuable asset to the City as we significantly elevate the service level.

We hope you take the opportunity to speak with Tom Nolan, Palm Springs Aviation Director. He can confirm that we are the hi!jhest quality partner for the Airport and the City.

Ace Parking has a clear and comprehensive understanding·ofhow to manage the on-street parking operations and how to satisfy the goals and objectives of !he City of Palm Springs. We will work closely with the City's staff as well as Palm Springs Police to make sure all enforcement needs are being met.

Enforcement Experience
Ace Parking has extensive experience with Parking Enforcement managing over 3,800 metered parking stalls in San Diego County. In addition, we have managed the on street Parking Enforcement for the City of Chula Vista for the past 5+ years.

Technology Experience
Ace Parking has extensive experience with Duncan Solutions and their handheld ticket issuing technology. Due to our experience, we can provide recommendations on equipment upgrades and work with your vendors to secure the best solution for your operation. As a consultative partner, Ace will be looking for the best strategies to maximize operational efficiencies. Ace's experience includes utilizing handheld 645 ASH STREET SAN DIEGO, CA 92101 I 619 233 6624 I ACEPARKING.COM Item 1B - 56
enforcement units, citation writing, data collection, online collections & permitting, citation payment, adjudication, incident management, reporting and auditing.

Alternative Technology Proposed
We have provided a second cost proposal for the City's consideration. It is intended to take your enforcement procedures to the next level. In our second option, we are proposing that we mount a License Plate Recognition System (LPR) onto the enforcement vehicles. This will allow us to go away from the manual chalking process and utilize parkers' license plate to track vehicles in the enforcement areas.

We will know exactly when cars parked in a particular area which will increase fine writing and income to the City. The system requires a sizeable investment; but only needs to generate an increase in fine income of approximately $1,500 per month to break even. We believe with the increased enforcement and use of this system, parking fine income will dramatically increase.

Smooth Transition and Ongoing Training
We will utilize our parking enforcement knowledge and commit our high-level resources in the planning and implementation phases as well as the execution of ongoing operations. Much of our sustained success is based on the ongoing training of employees and other motivational programs. Ace Parking provides training for all regular, replacement and additional employees. We also provide comprehensive retraining and continuing education for all our employees to maintain the highest levels of customer service.

Thank you for considering Ace Parking as your parking partner. We encourage you reach out to our clients and learn about our successful team approach and full commitment that our clients and your fellow City team members enjoy.

Sincerely,
Steve Burton
President
4 Item 1B - 57
ATTACHMENT "A"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1 )*
REQUESTS FOR PROPOSALS (RFP) # 04-14

PARKING ENFORCEMENT SERVICES

SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):

Ace Parking
BUSINESS ADDRESS; Corporate Headquarters, 645 Ash Street, San Diego, CA 92101 TELEPHONE: (619)233-6624 CELL PHONE N/A FAX (619) 233-0741 CONTACT PERSON Steve Burton, President EMAIL ADDRESS [email protected] A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal.
~OITLE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:
__ An individual;
__ A partnership, Partners' names: ____________ _
__ A company;
_x_ A corporation If a corporation, organized in the state of:_c=-A=---- --A Local Business (Licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

2. My tax identification number is: ~9=5~-3=1=3~14~4""1 ______ _ ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # _ 1 ______ is/are hereby acknowledged.

RFP #04-14

Page 16 of 40 ends

Item 1B - 58
ATTACHMENT "B"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)*

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA) ss

COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is PRESIDENT of ACE PARKING the party
making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that 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 thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal .
. ,dP/&t
?
Title: President
Subscribed and sworn to before me this 3rd day of September 720669. J
RFP #04-14

Page 17 of 38 ends

, 2013.

Revised: 6/16/10
Item 1B - 59
A.2 Ace Parking Management, Inc. (a California Corporation) was founded in 1950 and is one of the largest privately held, full service parking companies in the country. It is owned and operated by Scott Jones, the son of the founder. Headquartered in San Diego, Ace
Parking manages over 450 locations throughout nine states.

These locations collectively service nearly 250,000
customers per day and control more than 175,000 off-street parking stalls. Revenue from all operations exceeds $369 million annually, while employing more than 4,500 team
members with an annual payroll of $60 million.

Our only business is the operation of parking facilities and transportation related businesses.

Ace Parking operates every conceivable type of parking application from urban retail, office complexes, on street parking enforcement, hotels, hospitals, entertainment centers, stadiums, airports and arenas. We have the financial strength, experience, expertise, and operational ability of the large national parking operators, yet are able to deliver our services with a personal, hands on approach, a sense of urgency, and the highest levels of service, client, and customer commitment. This is what separates us from our competitors. Our executives are on site at least once per quarter and are always available for meetings as necessary.

EVERY THANK YOU EARNED. TM
After 60+ years of partnering with respected brands like yours, we understand that the parking business is about taking care of people. That's why everyone at Ace Parking - from our lot attendants to our CEO - is ready to assist you and your guests in any way, at any time, at a moment's notice. When we say "Every Thank You Earned", it's more than just words. It's our way of doing business:

Planning, but also reacting.

Proactive solutions, but also solving each unique need.

Active 365 days a year, but also 24 hours a day.

On the job, but also on the spot when it matters.

Customer service as a brand ideal, but also as individual experiences.

As your partner, we'll look forward to earning every "Thank You" - even if it's at 3:00 in the morning.

Parking Presence in Southern California
Ace Parking is the largest parking provider in San Diego and is one of the top two largest in Southern California serving mixed-use, event parking venues, commercial garages, and hotel and valet event customers throughout the region. We have over 170 locations in Southern California and over 1,800 employees who support those operations. This pool of employees can be drawn upon to support the City of Palm Springs Parking Enforcement operation at a moment's notice. We are also the largest parking operator in the City of Palm Springs based on our operation at the Airport.

Southern California Municipal Clients include:
• City of Palm Springs at the Airport for over 7 years
• City of Chula Vista Parking Enforcement
• Port of San Diego
• City of San Diego
7 Item 1B - 60
Client References
Ace Parking manages over 3,800 metered parking stalls in downtown San Diego and 500 metered stalls and 11 surface lots in downtown Chula Vista. Ace Parking has extensive experience with Duncan AutoCite handheld ticket issuing technology as well as various pay machines such as Ventek. Below is a list of municipal clients which are of similar size and scope to your parking operation.

City of Palm Springs
Dates of Service: 2005 - Present
Description: Manage 1,510 parking stalls over three self parking facilities. Ace provides management of all Ground Transportation Dispatch Services for all taxis and shuttles for hire and oversees traffic enforcement for the entire airport. Annual revenue from the parking operation is $2,800,000 annually with an additional $15,000 in ticket revenue.

Contact:

Tom Nolan
Executive Director
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
P. 760-318-3900
Fax760-318-3815
[email protected]
City of Chula Vista
Dates of Service: 2010 - Present
Description: 500 single space meters and 11 surface lots with pay stations. Enforcement hours are Monday - Saturday, 9am - 6pm.

Ace Parking performs meter collection, parking law enforcement customer service for parkers who need to resolve parking issues and manages the general parking area maintenance. In addition, monthly and weekly reporting on parking revenue and statistics is provided to the City of Chula Vista.

Contact:

Tiffany Allen
Finance Department
276 4th Avenue
Chula Vista, CA
P. (619) 691-5250
Fax (619) 409-5814
[email protected]
The Presidio, San Francisco
Dates of Service: 2007 - Present
Description: Our operation with Presidio Park began with metered parking management. Today Ace manages 2,500 stalls which encompass 25 surface lots and involve pay and display machines.

Ace oversees the transient, monthly and day permits. Enforcement of the parking is largely managed by the park police; however, Ace 8 Item 1B - 61
Parking assists the police by reporting issues with repeat parking offenders identified during parking audits.

Contact:

Mark Helmbrecht
Transportation Program Manager
Presidio Trust
103 Montgomery Street
San Francisco, CA 94129
P. (415) 561-5438
Fax (415) 561-7621
[email protected]
Port of San Diego
Dates of Service: 1989-Present
Description: Ace Parking manages two waterfront Port properties which include the 900 + stall Hilton Bayfront garage and all
surface lot parking on Broadway Pier. Ace took over an in house operation at Navy Pier and operated the Hilton
Garage since inception. Track parkers for expired or non paid vehicles and issue citation
Contact:

Kristine A. Love
Asset Manager - Real Estate
Unified Port of San Diego
P.O. Box 120488
P. (619) 686-6358
Fax (619) 686-6200
[email protected]
City of San Diego
Dates of Service: 1967- Present
Type of Parking Enforcement Services:

Description: For over 42 years, Ace Parking has operated Qualcomm Stadium for the City of San Diego. The stadium has 72,000 seats and the major tenant is the San Diego Chargers football team. Ace is responsible for the traffic control at all entry and exit points, citation and towing of unauthorized vehicles. Ace Parking implemented the existing parking controls so there was no in-house or operational takeover of the parking enforcement.

With 18,500 stalls, it is also the venue used by San Diego State University's Aztec football team, various motor sports events, holiday bowls and concerts. Qualcomm was also host to Super Bowl XXII in 1988, Super Bowl XXXII in 1998 and Super Bowl XXXVII in 2003.

Qualcomm Stadium has approximately 6,230,000 transient parkers on an annual basis.

Contact:

Mr. Mike Mcsweeney
General Manager, Qualcomm
City of San Diego
9449 Friars Road
9 Item 1B - 62
San Diego, CA 92108
P. (619) 641-3126
Fax (619) 283-0460
[email protected]
City of Phoenix
Dates of Service: 1998 -Present
Description: Ace Parking manages all parking operations for the City of Phoenix's parking structures, which include five garages and one surface lot. Ace tracks monthly parking passes and issues fee notices for delinquent or unauthorized monthly parkers. These garages range in size from 191 spaces at the West Garage up to 2,813 spaces at the East Garage. There are 4,586 spaces servicing the Phoenix Convention Center and other local business that Ace Parking manages for the City of Phoenix. The Phoenix Convention Center Parking Operation generates over $2,000,000 in annual revenue.

Contact Information:

Prasan De Silva
Parking Venues Manager
Phoenix Convention Center & Venues
100 N. 3rd St.

Phoenix, AZ. 85004
P. (602) 262-7503
Fax(602)744-2872
[email protected]
Public Works Surface Lots
Dates of Service: 2011 - Present
Description: Ace Parking manages the Public Works garages and multiple surface lots throughout downtown Phoenix. Ace Parking oversees all operations which include transient, monthly, parking enforcement and vehicle dispatch. Ace patrols, monitors and enforces posted parking regulations, issues violations for delinquent parkers and tow if necessary.

Operator:

Veronica Esparza
Public Works Department
Facilities Management
2631 S. 22nd Ave
Phoenix, AZ. 85009
P. (602) 256-4361
Fax (602) 262-6011
[email protected]
City of Tucson
Dates of Service: 1993- Present
Description: Ace manages 6 parking lots (Hourly, Daily, Economy, Economy Covered, Garage and Employee), with a total of 8,431 10 Item 1B - 63
parking spaces. Ace Parking provides Parking Management, Shuttle Bus Management and Roadway Management Services. Annual revenue is $6,000,000 annually.

Contact:

Karen Thomas
Director of Properties
Tucson Airport Authority
7005 S. Plumer Avenue
Tucson.AZ 85756
P. (520) 573-4806
Fax (520) 573-8013
[email protected]
San Diego Airport
Dates of Service: 1971- Present
Description: Ace manages 7,400 parking stalls over 6 public and employee parking facilities. Ace Parking provides management of Self and Valet Parking, Employee Parking program including access card management, Ground Transportation Dispatch Services for all taxis and shuttles for hire, Shuttle Operations or all remote lots, employee lots, and inter-terminal transit (29 shuttles). Ace uses License Plate Recognition technology to assist the Airport Traffic Officers in identifying expired parkers or violators and to track and enforce the 30 day abandoned vehicles law.

Contact:

David Boenitz
Director, Ground Transportation
San Diego County Regional Airport Authority
P.O. Box 82776
San Diego CA, 92138
P. (619) 400-2690
Fax (619) 400-2686
[email protected]
11 Item 1B - 64
12 Item 1B - 65
SECTION B: PROPOSAL ORGANIZATION

8.1 Ace has followed the organization, format, order and conformance of this RFP.

8.2 Working closely with the City of Palm Springs currently for the Airport Parking Operations, Ace Parking understands the specific parking enforcement issues facing the City. Ace understands that the City of Palm Springs needs a proactive and experienced partner who will work as a consultative partner. Although our local team will provide most of the day to day support, our Executive Team is only two hours away and will be available for ongoing support as often as necessary.

Ace Parking has extensive experience with Parking Enforcement Operations as we currently manage over 3,800 metered parking stalls in downtown San Diego. In addition, we have managed the on street Parking Enforcement for the City of Chula Vista for the past 5 years.

Ace also has extensive experience with current and cutting edge parking enforcement technology. We currently utilize Duncan Solutions and their handheld ticket issuing technology at our enforcement operation in Chula Vista and at various locations in La Jolla and San Diego. We have also been utilizing License Plate Recognition (LPR) technology at our airport operations to quickly detect parking violators. Whenever possible, Ace will always provide recommendations on equipment upgrades and work with your vendors to secure the best solution for your operation. As a consultative partner, Ace will be looking for the best strategies to maximize operational efficiencies. Ace's experience includes utilizing handheld enforcement units and LPR technology, citation writing, data collection, adjudication, incident management, reporting and auditing.

OPERATIONS PLAN
Enforcement operating hours are Monday through Sunday, 12:00 p.m. - 8:00 p.m. There will be three Parking Enforcement staff, one of which is also the On-site Supervisor. Each officer will be working 8 hour shifts. They will begin patrol no later than 30 minutes after the start of their shift and will continue their patrol until at least 30 minutes before the end of their shift.

Descriptions of these staff members are outlined below:

On-site Supervisor will oversee your entire parking enforcement program. A supervisor will be staffed 5 days per week with a standard 9am - 6pm hour work day. The bulk of the supervisor's time will be spent developing annual budgets, managing the staff schedules, providing and improving effective revenue a.nd enforcement tracking procedures and working the parking enforcement route.

Customer service and effectively responding to and resolving problems will be a key function of the supervisor. In addition, we would like the supervisor to have, at minimum, weekly meetings with City's Contract Administrator to ensure Ace Parking is performing at expected levels, to identify other opportunities and review financial results for the parking enforcement. We believe the regular interaction between the city officers and our operations team can only improve communication and the working relationships.

In addition to our supervisor, two part-time staff members will be utilized between 3:30am - 8:30pm Monday to Friday and 11 :30 am to 8:30pm Friday to Sunday. These staff members will be used in the following way:
• Enforcement Officer will be responsible for all aspects of the parking enforcement. They will circulate around the on street parking and enforced lots in 13 Item 1B - 66
the Downtown District. During each circulation, the enforcement staff will perform light maintenance (trash removal and sweeping). Between circulations, the enforcement personnel will complete citation administrative procedures. Ace enforcement staff member must meet the following criteria :
• Be at least 18 years of age.
• Be able to read, write and speak the English language and must be able to write intelligible reports.
• Have the ability to give and follow oral/written instructions in English.
• The ability to speak a second language, such as Spanish is highly desirable, but not required.
• Physically and mentally capable of performing parking enforcement duties. • Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation.
• Have the ability to establish and maintain effective working relationships with the public, downtown business owners and City personnel. • Possess a high school diploma or equivalent.
• Possess a valid class "C" State of California driver's license. (On-site personnel only)
• Possess all current State of California, Consumer Affairs, guard requirements. (On-site personnel only)
• Pass a background check conducted by the Oceanside Police Department Background Unit, a drug-screening test and undergo a comprehensive medical examination to determine fitness to perform assigned duties. The Police Department will provide the requirements to meet City background requirements. (On-site personnel only)
• Have a fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.). (On-site personnel only) We are very flexible in our approach and will strive to provide the most effective schedule to 1:1eet the customer service and financial performance for your parking enforcement needs.

CUSTOMER SERVICE
Ace's enforcement team is highly trained in customer service and because of our experience in Chula Vista, Phoenix and San Diego our team has developed best practices for interacting with the public on behalf of a municipality.

Ace Parking's philosophy on how customers are perceived and how they should be treated is simply, that our Guests are King. Without the parkers in your city, we would not be in business. Customer Service and satisfaction is paramount to everything we do.

This means we would look to incorporate the very same training and staffing requirements as we would for any one of our high-end hotels. This is augmented by the on-site supervisors who will have a keen understanding of the City of Palm Springs and Ace Parking philosophies. Our supervisors live and breathe service with a sense of urgency on a daily basis.
14 Item 1B - 67
Ace Parking Service Pledge
Ace Parking begins its commitment to customer service quality with a service pledge. This is our guarantee to any parker that enters one of our locations. Essentially we are telling guests what to expect when they are at an Ace Parking facility:
~ THE ACE PARKING SERVICE PLEDGE
WE PROMISE YOU:
✓ A Clean And Well Maintained Facility
✓ Friendly And Courteous Employees
✓ Prompt Service
Should we EVER fail to meet your expectations,
please inform our attendant. Each is empowered to
ensure your complete satisfaction.
~ A
Our service pledge comes directly from Ace Parking's Chairman, Scott Jones, and is seen in the behaviors of each Ace Parking Team employee. Ace Parking customers see this pledge when they drive in to an Ace Parking managed facility and again when they exit. More importantly, Ace Parking's guests see the pledge in action at every location. No other parking company pledges to deliver so much.

Formal Quality Control Programs and QA Monitoring
Ace Parking has several programs in place wherein we constantly are evaluating the effectiveness, efficiency and end results of our oversight of your parking operations. Our in house programs help us better measure and manage the performance of our operations. As always, our programs can be modified to meet the specific needs of the parking operations.

Feedback is key and welcome by our management team and onsite vendors to help us continually evaluate our performance and look for improvements.

Report Card
The On-Site Supervisor's annual review and merit increases are based, in part, on his or her performance on operational and customer service related audits. All Ace Parking operations are audited, at a minimum, on a quarterly basis. The information from the audit is immediately shared with the management and staff.

Landlord Contact Program
As a means of achieving less formal - but equally effective - management review meetings, the Manager and other Ace Parking executives invite the City of Palm Springs management to an informal roundtable meeting each month. The purpose of the meeting is to seek out ongoing feedback regarding satisfaction levels and how we might improve.

Customer Comment Cards & Reports
The Customer Comment Card is one way that we measure the success of our Customer Service Program. It is directly tied to our Service Empowerment Pledge. We hand the customer comment cards out in order to obtain feedback from our customers on how well we are doing in terms of customer service and to learn what we might do differently. We consistently get both positive and negative comments. Further, our Customer Comment Cards help us to communicate and build stronger alliances or teams in three areas, Client, Team and Customer Relations.
15 Item 1B - 68
Meeting High Standards
As previously mentioned, Ace Parking does not take a caretaker posture with our operations.

We constantly strive for exceeding the customer's expectations and driving the operations to the next level in service. Some of the programs/initiatives we will look to undertake are as listed below:
• Constantly monitor, evaluate and adjust staffing levels for maximum efficiency with focus on customer service
• Encourage guest feedback
• The Ace Parking Executive Management team will be fully engaged in the operations from day one

CONFLICT RESOLUTION
Ace's team will respond to any citizen complaint the same day or if necessary within 24 hours. A 24 hour toll-free number will be provided to citizens to assist them if a problem should arise. Ace has an administrator that answers these calls and can ensure issues are addressed and resolved.

Ace has extensive experience communicating with the public. Ace operates a storefront in Chula Vista for 6 hours per week in which citizens can come in and pay or appeal their citations or to obtain general information. We also offer a toll-free number in Chula Vista which citizens may utilize.

Complaints to City Regarding Contractor Employees
Bill Huff will be the On-Site Supervisor for the City of Palm Spring's Parking Enforcement Operation. He will oversee the parking enforcement officers. Bill has been overseeing the Palm Springs Airport Traffic Enforcement Team for the past 7 years and has extensive experience in handling public complaints regarding employees. Bill will see to it that all complaints are addressed within 24 hours.

On a weekly basis, Ace's On-site Supervisor will meet with the Contract Administrator to make sure they are aware of any complaints against staff or issues with parking citations. In addition, any improvements to customer service or the revenue collection process will be immediately shared with the Contract Administrator.

REPORTING
Ace can prepare and deliver special, additional and supplemental reports at the request of the City such as Employee Daily Reports. Ace can create a Productivity Report for the City for each individual officer. This will show our management and the City the officers' productivity levels. We can then determine inefficiencies and address issues to help them become more productive.

Ace will provide a weekly schedule showing officer assignments and scheduled enforcement hours, listing in all absent officers and reason for absences.

Ace will provide a monthly summary of activities showing total work hours, patrol and non patrol (time spent at hearings, in training, etc).

8.3 Parking Enforcement Uniforms
Although customer interactions are brief, we still believe that our team should look professional and presentable. We believe professional looking uniforms go a long way 16 Item 1B - 69
toward creating a favorable first impression and symbolize the pledge to operate the city's parking enforcement with a quality approach. We can utilize the basic Ace uniform which includes a blue button down collared shirt, black pants/shorts, all weather jacket, baseball cap, and name badge to project a clean and classy image for the parking enforcement staff.

Uniforms must be well maintained and worn professionally at all times while on duty (i.e. no baggy clothes, untied laces etc).

Our proposal projects the cost of our basic uniforms for hourly operations staff. Ultimately, you may elect to choose a uniform program that best suits your unique operations. Ace Parking does not require our standard uniforms be utilized and would look to work with the City of Palm Springs to develop the image you desire to project. Any special discounts in pricing realized from our relationships with our uniform providers are passed on to you directly as your benefit. Ace Parking does not mark up or charge handling fees for uniform purchases for our clients.

Equipment and Supplies
Ace Parking takes safety very seriously. Each enforcement officer will be issued a reflective vest as part of their uniform. The importance of wearing a reflective vest is highly stressed to our employees. A cell phone will be issued to the officer at the start to each shift. They are expected to utilize the cell phone to stay in communication with the On-site Supervisor and report any issues or emergencies they might encounter.

In addition to safety equipment, each enforcement officer will also be issued enforcement equipment. This equipment could include: Duncan handheld, a tape measure, chalk, chalking stick digital camera and flashlight. If the City chooses to use LPR equipment and it happens to be down, these items will help the officer to be well prepared to continue enforcing parking rules using the manual process of chalking, measuring and taking photos to back-up tickets.

Enforcement Vehicles
Ace Parking is very flexible in our approach to enforcement vehicles. We recommend the GEM eS 2-passenger electric vehicle and the Electric Smart Car. Our opinion is that the Electric Drive Smart Car would be the best option for cost and compliance with the city's energy efficient requirements. Many other municipalities use the Smart Car for parking enforcement such as the City of San Diego and the City of Phoenix. Ace would outfit the white vehicles with appropriate logos and lighting to make it suited for parking enforcement.

OPTION 1: Electric Smart Car
17 Item 1B - 70
The Smart Cars gets 122 City MGEe and runs for 68 gas-free miles per charge. Ace Parking will finance the two Parking Enforcement Smart Cars for this operation and amortize the cost of the vehicles as a monthly operating expense item.

OPTION 2: GEM eS Electric Vehicle
A second option for energy efficient vehicles would be the GEM. The GEM eS 2-passenger electric vehicle with a short back bed has also been widely used for parking enforcement.

Ace Parking will finance the two GEM eS vehicles for this operation and amortize the cost of the vehicles as a monthly operating expense item.

Ace Parking takes maintenance measures and cleanliness of our vehicles very seriously because a good first impression is essential to a new operation. Ace employees will be trained and required to maintain the appearance and cleanliness of the Smart Cars at all times. At the very minimum, employees will clean the floor and seating surfaces at the end of each shift.

The mechanical maintenance and storage of the vehicles will be of paramount importance.

All cars will be stored properly in the designated City Yard Facility when not in use. Frequent mechanical checks will be conducted by our staff and any cause for concern will be reported to the Smart Car or GEM dealer for a professional assessment. Detailed records of the maintenance and repairs on each vehicle will be tracked by the On-site Supervisor.

8.4 CRITICAL ISSUES
A critical issue with the enforcement operation is the manual processes currently in place.

Chalking vehicles takes time and reduces the number of rounds an officer can make during their shift. A manual process also makes it hard to gauge the officer's performance as ii relates to rounds made in a shift, number of tickets issued and ticket income by officer. 18 Item 1B - 71
~-
ii
Ace would look to resolve this issue by automating the process with the use of License Plate Recognition (LPR) technology. LPR cameras would be mounted on the roof of each enforcement vehicle along with the lights. The cameras would then be connected to a central computer within the vehicle. An image of what the mount would look like is shown below:

Officers could drive down the street and let the cameras register each parker by time stamp.

When the officer drives the route again, the system would update the time for each license plate and notify the officer when someone is in violation. A report showing how the system captures parkers and tracks an enforcement officer's route is shown below. The system can produce additional ticket tracking and employee shift reports as desired. 19 Item 1B - 72
.~ La.Sierra
Shift Report
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The precise timing system illustrated in the report above will allow officers to issue more citations which will increase revenue to the city. The LPR system is not cheap; but only needs to generate an increase in fine income of approximately $1,500 per month to break even. Ace currently uses this system at the San Diego Airport and has realized significant efficiencies and increased revenue including payroll and overhead savings of $50,000.

In the event that LPR software is not integrated, Ace would recommend putting GPS in each of the enforcement vehicles. The GPS tracking will allow us to more efficiently report the enforcement officer's activity by shift. Either option will provide a more detailed tracking mechanism to ensure the enforcement route is being made in a timely manner and the greatest number of violations are being captured.
20 Item 1B - 73
SECTION C: STAFF QUALIFICATIONS
C.1 Ace Parking will utilize two parking enforcement officers and one supervisor to cover the two

11.5 hour shifts Monday - Friday and the 8 hour shift on Saturday and Sundays. Our enforcement officers will be able to issue citations, participate in community events and other parking enforcement programs, maintain street meters and pay machines, respond to resident complaints, provide customer assistance to the public, report issues with signage and vandalism, provide reports on work performance and participate in the citation hearing process if requested.

Bill Huff, On-site Supervisor
Bill Huff is the proposed On-Site Supervisor who will oversee the operation. Bill has direct experience with parking enforcement including 7 years of enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to City Parkers and City Officials.

Bill began his career in the United States Air Force. After retiring from the Air Force in 1964, he joined Arco Products Co. Bill worked for Arco for 33 years holding a number of positions including Foreman, Head Operator and Products Supervisor. In 1998, Bill joined the parking industry as a Parking Control Officer. Since then, he has been promoted to Parking Supervisor and has overseen the operations at the Palm Springs Airport for the last seven years.

Resume
Bill Huff-Proposed On-Site Supervisor
Work History
Ace Parking Management, Inc. 2006 to Present
Uniquely qualified parking management professional with over 14 years of commercial parking experience. Experience includes all facets of parking operations to include taxi starter management, shuttles and traffic enforcement. Expertise includes customer committed service, budget /forecasting, employee development, customer relations, revenue controls, automated system operations/integration, policy and procedure.

Parking Supervisor Palm Springs, CA 2006 - Present
Ace Parking
• Manage parking operations at Palm Springs Airport
• Prepare operating reports, conduct audits, and manage accounts payable, operating expenses, and revenues.
• Oversee training and develop for staff members
Parking Control Officer Palm Springs, CA 1998 - 2006
Standard Parking
• Supervised other parking control officers
• Prepared operating reports, conduct audits, and manage accounts payable, operating expenses, and revenues.

Arco Products Co. Various Locations 1964 -1997
Senior Financial Accountant
• Responsible for managing expenses of senior level executives • Managed budgets, P&L, payroll, revenue expenses, audits, reports, AIR & A/P 21 Item 1B - 74
•m <I
.
.

Education
• Norwest University, Business Degree
• United States Air Force - Veteran
Daniel May, Parking Control Officer
Daniel May will be one of the part-time PCO's who will serve as a city parking enforcer.

Daniel has direct experience with parking enforcement including 3 years of traffic enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to city parkers and the city officials.

Resume
Daniel May - Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.

Experience encompasses all facets of parking control including traffic directing and issuing citations. Expertise includes customer committed service, customer relations, automated system operations/integration, policy and procedure.

Traffic Enforcement Officer Palm Springs, CA 2010 - Present Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport • Inform patrons of curbside policies and issue citations as needed • Provide superior customer service at all times
Security Officer Palm Springs, CA 2009 - 2010
The Sands Regency Hotel & Casino
• Watched over the hotel and casino grounds
• Competent using hotel software programs such as DSR and OPERA • Utilized proper two-way radio etiquette to communicate with other security personnel
Education
• United States Navy, 1997 - 2001
• Covina High School, 1994 -1997
Michael L. Stockmaik, Parking Control Officer
Michael Stockmaik will be one of the part-time PCO's who will serve as a city parking enforcer. Michael has direct experience with parking enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to city parkers and the city officials.

Resume
Michael L. Stockmaik- Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.

Experience encompasses all facets of parking control including traffic directing and issuing 22 Item 1B - 75
citations. Expertise includes customer committed service, customer relations, automated system operations/integration, policy and procedure.

Traffic Enforcement Officer Palm Springs, CA 2013 - Present Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport • Inform patrons of curbside policies ·and issue citations as needed • Provide superior customer service at all times
Collections Lynwood, WA 2011 - 2012
Receivables Performance Management
• Legal department collections for pre-judgments and judgments third party accounts • Garnishments for all legal related inbound and outbound calls for FDCPA laws Customer Service Spanaway, WA 2008 - 2011
Fred Meyer Corporation
• Maintained clean appearance of sales floor and retail displays • Fill and refill all daily promotional items, provide a clean and friendly environment for customers
• Adhered to all store policies and safety procedures while maintaining the highest level of customer service

EDUCATION
• Woodinville High School Woodinville, WA 1982-1986
Ace Parking is committed to bringing a strong Parking Enforcement team to the City of Palm Springs. In addition to our on-site operations team, our General Manager of Palm Springs Parking Operations, Ed Learned will be working with the staff at every level making sure that they are supported during the transition and that the parking codes and laws are always being enforced and customers are properly assisted. In addition to Ed, the President of Ace Parking, Steve Burton will be supporting the team.

C.2 TRAINING PLAN
By the time we hire an employee, we have invested a significant amount of time and resources into that person. As such, we strive to nurture and develop that employee to the best of our ability. We understand that proper training goes a long way in terms of maintaining high morale and reducing employee turnover that is why we developed Ace Academy™. Ace Academy™ is run through social, structured and distance learning such as e-courses. Training includes but is not limited to expectations on the job, service standards, safety on the job, familiarity with the work site and city codes and the use of Ace Parking's proprietary systems and our client's systems.

Parking Enforcement Training:

After completing orientation, each team member receives lnMotionl On-The-Job Training at their job location. For a minimum of five days, a certified trainer will walk the new employee through their daily roles and responsibilities. The enforcement officer is made familiar with their work environment and taught the various policies and procedures of their job. In addition, a special safety training, driver training and radio training are conducted for enforcement officers.
23 Item 1B - 76
ii
Before Enforcement Officers are allowed to work on their own, they must demonstrate to their instructor that they are comfortable and confident with the following tasks:
• Executing established methods, practices, and procedures associated with parking control and enforcement.
• Public contact protocol.
• Procedures and precautions related to safe operation of vehicles and familiarity with California driving laws.
• Knowledge of assigned patrol areas in the Downtown District. • Use of two-way radios and proper radio etiquette.
• Observe and report any suspicious looking vehicles or activity. • Enforce the municipal codes; directs vehicle and pedestrian traffic; provides information on parking laws to the public.
• Issue citations or warnings for violations of California Vehicle Code provisions and parking control ordinances such as parking time limits zones, tow away zones, loading zones and metered parking areas.
• Be able to void incorrect citations and record them appropriately • Use a vehicle to patrol and to enforce parking laws and regulations. • Make court appearances as required.
• Report damaged or inoperative traffic control equipment and hazards such as broken sidewalks and pavement, etc.
• Maintain records and prepare legible reports including logging Daily Activity Reports. • Place identifying marks on parked vehicles and subsequently checks for these marks as a means of identifying vehicles that are parked beyond the legal time limit. • Identifies illegally parked motor vehicles and attaches a warning notice, issues a citation or impounds the vehicle.
• Report any irregular or hazardous circumstances to the police station by radio. • Explain parking regulations and provides information to the public; makes and keeps records and reports of actions taken in the line of duty. • Build and maintain positive working relationships with coworkers, other City employees and the public using principles of good customer service.

Personal Safety Training
Employees undergo a brief personal safety training which teaches employees the following:

Never jump in front of a moving vehicle to stop it.

Do not stand behind stopped vehicles. They may not be able to see you if they back up.

Be aware of your surroundings at all times.

Make yourself visible to other drivers.

Never stand in the way of traffic.
- Always wear a reflective vest
Vehicle Safety & Use
Any employee who drives a vehicle for Ace Parking must complete the following training on a one-on-one basis with a certified trainer before starting their job. This training should be conducted throughout an 8-hour shift. Any additional training that a driver receives is at the discretion of the site manager and certified trainer. 24 Item 1B - 77
The site-specific driver training familiarizes drivers with procedures and safety hazards at each location. There is a vehicle-specific drivers manual, based on the Vehicle Operation Manual. Managers, supervisors, or certified trainers review the manual with the driver before the driver operates a vehicle. In addition, the driver will accompany a manager, supervisor, or certified trainer on a ride along before operating a vehicle.

Defensive Driving Video
The defensive driving video is a generic training video provided by our insurance carriers. It is designed to remind drivers of general defensive driving techniques that they will utilize when operating a company-owned vehicle.

Training Materials
✓ Vehicle Operation Manual
✓ Vehicle Inspection Report
✓ Chubb issued Defensive Driving video
✓ Chubb issued Defensive Driving workbook
✓ "In the event of an accident" kit
Radio Training
Before an Enforcement Officer starts their job they undergo a brief radio training. Every officer on duty is required to have a two way radio with them at all times. The officer must learn the following before entering the field:
• How to check to make sure the radio is fully charged and in good working condition.
• Notify the supervisor if a radio does not work and locate a replacement. • How to turn the radio on to the designated channel.
• How to set the volume at a comfortable level.
• How to place the radio back in its charger at the end of the shift.

Proper Use:
•
•
•
•
•
•
•
Talk across the microphone slanted toward the face about 5 inches away .

Use a normal voice. Do not shout.

Make sure the information that you broadcast is correct. Be exact in giving locations, descriptions, etc.

Make all conversations short but complete. Do not use the radio as if it were a telephone. Use proper codes and keep the broadcast simple.

Speak in a clear distinct voice. Do not mumble, talk in low tones or raise the pitch of your voice. Do not talk too fast. Use your normal voice.

Think before you speak so that your transmission will sound intelligent.

Refer to all officers and personnel by their call sign or number . • Keep your composure. Do not display emotion by words or voice inflections that will reflect excitement, irritation, disgust, or sarcasm. Watch your choice of words.
• Be courteous. Monitor your radio before you start transmitting. Make sure no other person is transmitting.
• Do not break in or disrupt on-going transmissions. Wait for your turn. • When using the radio, push and hold down the transmit button and wait at least a second before you speak.
25 Item 1B - 78
r--------------------------------------- -
e;wa ___ _ m - • Always identify the person you are trying to reach first and then identify your call sign before transmitting your message.

1. For example, "Operations, this is PEO 1 ... "

2. You will then hear .... "This is Operations, Go Ahead ... "

3. Then you can transmit your message.

Radio Codes
10-4 Affirmative 10-9 Repeat 10-22 Disre.gard
10-6 Busy 10-17 Enroute or On the Way10-23 On Scene
10-7 Going off duty 10-20 Location Code 4 All Clear
10-8 On duty 10-21 Telephone Code 7 Lunch Break
Customer Service Training (Semi-Annual Requirement)
Throughout the year, Ace Parking's Training and Development department visits all locations for mandatory customer service training. Customer service training is also part of our onboard/orientation procedure. Additionally, many of our clients have site specific or corporate training programs, which they ask our staff to participate in. Ace Parking welcomes this at any of our operations. See the Ace Academy™ Learning and Development overview below to see all of our customer service training.

Ace Academy™ Training, Learning and Development Program Ace Academy™ includes employee development plans for building competencies and social learning fostered by peer-based learning activities such as coaching, mentoring, and experiential learning. We utilize a unified Talent Management Model that incorporates a Learning Management System that enables our managers to gain insights from pipeline analysis, performance reviews, and succession and career planning to accelerate employee growth and ensure retention and engagement of top talent. 26 Item 1B - 79
Ace Parking Talent Management Model
_ .... • *
• - •
Our well-developed program works because we offer a wide variety of learning and training options needed to accelerate team member adoption. Ace Academy™ drives .succes.s and extends our company's value by using professional Career Coaches who design and deliver structured curriculum and learning events that include the following:

I. Social Learning - includes discussion, ratings, reviews, and file sharing.

II. Learning Communities - where experts share what they know with new hires and geographically distant colleagues.

Ill. Structured Learning Plans - that offer several learning options including Instructor Led classes and Train the Trainer Programs. The more traditional Instructor Led class allows team members to benefit from the instruction and technical expertise of the Career Coaches in a classroom setting. Train the Trainer is a form of independent learning whereby they are given the tools to learn the coursework and then critiqued by one of our Career Coaches.

IV. On Demand Courses - In order to engage participants across all regions, we utilize various technology tools, including: E-Learning though our repository of elearning courses and Mobile learning through the use of Litmos technology which makes course material accessible to iPhones, iPads, iPod Touch and Android devices.

Our entire curriculum is taught through the prisms of:
• Integrity - What behaviors and characteristics are exhibited in this standard? • Quality - How does learning improve the quality of service for customers and clients? • Accountability - How do we measure our outcomes to ensure that we deliver on our promise and exceed expectations?

IMPROVE
+

CONTROL
Ace Academy™ Curriculum may be defined as what team members should know, be able to do, and be committed to (content), how ii is taught (instruction), how it is measured (assessment), and how the Academy system is organized (context). The Ace Academy™ model provides information that allows team members to develop new thought processes that lead to new behavior choices.
27 Item 1B - 80
Our steps to Improve and Control the targeted outcomes of Ace Academy™ begin by checking to insure our systems of Measurement and Analysis provide consistent information over time and over a number of trials in order to establish three dimensions of consistency:
• Consistency over time.
• Consistency from team member to team member.
• Consistency of Evaluators.

Ultimately, improvement relies upon a continuous reworking of all of our instructional components. Diagnostic pre-testing, curriculum design, content standards development, instructional delivery, rubric development, and assessment pieces are all analyzed on a regular basis to make sure they are complementary and that the whole is indeed greater than the sum of the parts.

Ace Academy™ believes the progressive mastering of learning is not merely a step towards a symbolic goal (such as a certificate), but is an invaluable part of quality execution of daily assignments.
28 Item 1B - 81
ii
SECTION D: LOCAL PREFERENCE
D.1 Attached below is Ace Parking's current business license from the City of Palm Springs.

Ace Parking is truly a local company. Even before Ace began operating the Palm Springs Airport's parking in 2005, we were and still remain part of the community. Our owner, Scott Jones, has a home in the area. The President of Ace Parking, Steve Burton's family has lived in the area since 1984. We are members of the community.

From a business standpoint, we have done business in the City of Palm Springs since 2005.

We have serviced the citizens of Palm Springs at the Airport. Annually, we interact with millions of locals at the parking operations and on the roadway at the Airport. We have a staff of 20 employees and over our tenure have generated nearly $3,000,000 in payroll.

We are a contributing member of the Airport and an important part of why this Airport has been named the one of the country's most Stress Free Airports. We are proud of our accomplishment with the Airport and on behalf of the City of Palm Springs.

We have a proven track record of being a good partner to the City. We are really looking forward to the opportunity to expand on our very good relationship. Please see our City of Palm Spring Business License below.

Attachment A has been completed and included in Section A.1 . . Ea=-r.=.~)«7r /·:·.·::·1--y71
...... ,wm ACIMQIIIO. . . . _, .. _
lldsi:-- '.'300-,\ TAIIQilm.'WMl!i!(AY . ., ..... _Oji_ , ~Ol''Wl ...... JifDlrt:M!nJU
----1"'-•---A
·_, --------CA MltJ .-.Qllcwsa. t.Jildi' .... ....,.MJ .. , • n . . . ' ·c:i, _____ ___ MUST Bll l'OST.1!11 JN A~
D.2 Ace has proposed an operations team that is local and has been living and working in the City of Palm Spring for many years. Each of the proposed staff members' local expertise is outlined in their resumes in Section C.1.

The Regional Manager, Ed Learned who will support the whole parking enforcement team has lived and worked for Ace Parking in Palm Spring for the last 2 years. He is currently the General Manager of the Palm Springs Airport.
29 ··~ :-
' .

Item 1B - 82
30 Item 1B - 83
~ ..
m - SECTION E: COST PROPOSAL
E.1 Ace Parking is committed to developing a long term parking partnership with the City of Palm Springs. We know that if given the opportunity to manage the parking enforcement, your parking assets will achieve successful results that will change your thinking about how parking should be managed in the future. We are prepared to improve every aspect of the parking operations from, revenue collection to expense controls and customer service.

Part of being a true partner is looking for ways to reduce cost and provide a more efficient operation. If we identify any ways to save money you can be sure we will bring it to your attention. Please see Attachment C: Cost Proposal in Envelope # 2.

Inside the sealed, named Envelope #2, there is a second cost proposal which factors in the LPR technology. Integrating this technology will increase costs but will also increase efficiency and the revenue from citations.
31 Item 1B - 84

BASE BID
AiTACHMENT "C"
"THIS FORM MUST BE COMPLETED AND SUBMITTED IN kSEPEJjATEL Y .SEALED.

ENVELOPE#2 ''Cost Proposal", NOTwlth Envelope #1, Technloal/Work Propos;1I•) .REQUES'r FPRPl'l,OPOSAL (RFP #Q4•14)

PARKING ENFORCEMENT SERVICES

COST PROPOSAL
Rel;pondJng to Request for Proposal No. 04-14 for Parking Enforcement Services, I/WE will a:ttePt as full payment thefollowlng specified Itemized Unit Rates Per Hour based on aotual hours of servfoe provided for providing all labor, supervision, servlc.es, materl;1ls eql:llpment, ~1;1ppJ1es, ti:all'.lii1gf and ,any other misc11Haneous items require(! IQ p11tfortn ttte Parking EtrfotcenrentSeMc,es; The undersigned Proposer proposes and a!jJees to ptovlde anwotkatld seMaes necessary to deliver the Patking Enforcement services as defined in the Scope of Werk.,herein. Note that Hours are ESTIMATED and subject to change by the City. ·~tes Per Hour represent the amounts l:)id to provide the services, a.nd ,ire NOT based upon the· actual hourly rates paid to the contractor's employees. Contractor Is expected to follow all EIPP!icable Federal and Slate Employment laws, rules and regulations. Invoices shall be ,submitted to the City on a Monthly Basis for actual services rendered, not in advance or antlclpatlon ofservices "to be renderetj" and are payable by the Gltywil:hin 30 days.

Hbtrtry Rates fbt Regular Schedule:
$ RATE PER xWEEKLY ., ,-
HO!JR HQ!JRS Uns· e SlroeMs.qr FPCO $ 1n,90 40 Pa.rk no Contro!O(tlcer(l?CO) #1 $ ?o en 24 Pali& nn ControLOfficer (PC(')). #2 $ ~;Ci .-~-f'I 25 VVEEKL Y1'OTAL 89
MINUAL COST: (Weekly Total X 52
we!!kli)
Hourly Rates for Extra Hours, up to 40Hours Per Week:

I Psrklng CoritroJ'.Offioer (PC:Q)
I $RATEPER HOUR
-$ ··.,a --s-a
Hourly Rates for Extra Hours, In Excess of40 Hours PerWeek1 .On.site$uoen,isor /PCO
Pe/Rih!l Control Officer (PCO)
-··
$ RATE PER
$
$
RFP #04-14

Page 18 of 38 ends

HOUR
or M
25 .. 00
$ COST PER \IVEi:K
$ l.,239.60
$ ._,., . ., ""
$ "f'1 ""J· ~n
$ •~ ,6l6 .10
$137, 0?7, 20
Revised: 6/16/10
Item 1B - 85
# ~ EVERY THANK YOU EARNED."' CITY OF PALM SPRINGS
Parking Enforcement
~J
•\. ... ~ .• l"\
d I.• I
'

WE SEE THE PEOPLE,
NOT THE CARS.

Item 1B - 86
• • EVERY THANK YOU EARNED.~ YOUR EXPERIENCED PARKING ENFORCEMENT TEAM • Project/Account Manager: Brian Tarbell/Steve Burton
• Oversee transition, training, general operations, provide corporate support and provide communications to the City of Palm Springs • Supervisor/Parking Control Officer: Bill Huff
• Will oversee all day-to-day parking enforcement operations and team • 15+ years of Experience with the City of Palm Springs at the Palm Springs Airport as a Traffic Enforcement Officer, Parking Control Officer and Supervisor • Part Time Parking Control Officer: Daniel May
• Enforce all parking related ordinances, statues and codes as required Item 1B - 87
" • EVERY THANK YOU EARNED.™

ACE'S OPERATIONAL APPROACH
• Service-oriented Organization
• Top-notch customer service to residents & visitors is a requirement • Ace's Enforcement Team = Extension of the City of Palm Springs • Cross train PCOs for City and the TEOs at the Airport to be able to do both, increasing the size of qualified staff • Consultative Partnership
• In a downtown resort destination, we understand the importance of proactively managing operations so we can help move cars in and out of downtown areas to support local businesses • Training: Our Enforcement Officers are highly trained in Ace's customer service standards as well as our Ambassador Program • Accomplishment: Proud to contribute to the Palm Springs International Airport's designation as TOP 10 LEAST STRESSFUL AIRPORTS • Recommendation: License Plate Recognition & Real Time Data Reporting Item 1B - 88
Parking Enforcement on Public Streets for a Municipality • City of Palm Springs International Airport
• 7+ years
• 20 hours per day, 365 days per year
• Write Citations for City and State vehicle codes and TSA regulations • Parking Management, Traffic Enforcement, Shuttle Service • Provide monthly reporting on revenue and statistics
• City of Chula Vista
• 5+ years
• Mon - Sat, 9am-6pm
• Write citations for City municipal codes
• Meter collection, parking law enforcement, customer service • Provide weekly reporting on revenue and statistics
OlYOF

CHUIA VISTA
Item 1B - 89
- • EVERY THANK YOU EARNEO.N EQUIPMENT EXPERIENCE
• Handheld Units are similar to cars, all have 4 wheels, engine, doors. Only real difference is bells & whistles and different manufacturers • Ace has experience with different types of handheld ticket devices in many of our operations. All are very similar in operation but may be used for different functions • The Casio IT-9000 is very similar to the AutoCite X3 which we use at our City of Chula Vista Enforcement operations and all of our San Diego locations • Each team member already has experience on other
handheld equipment similar to the Casio IT-9000
• Every team member will be fully trained on the new equipment Item 1B - 90
- • EVERY THANK YOU EARNED.~ PARKING CONTROL OFFICER - ROUTE/CYCLE Upon completion of a patrol route/cycle, the PCO will:
• If 3 hours have not passed, the PCO will review the route for other parking violations and issue as necessary • Once 3 hours have passed, the PCO will return to the beginning of the patrol route and observe if any of the vehicles on the route are in violation • We will hold our PCOs to a high standard of accountability. All of their time will be accounted for during the entire shift of work. • Utilization Reports from Casio IT-9000 • GPS on Vehicles, and possibly on the Casio IT-9000
• Optional: License Plate Recognition
Item 1B - 91
,, • EVERY THANK YOU EARNED.™ GPS TRACKING
As mentioned in our proposal, Ace highly recommends putting in GPS Tracking in all of the Enforcement Vehicles. • Allows us to more accurately report PCOs activity by shift • Ensures PCOs are completing the route in a timely manner • Ace is capable of including GPS Tracking and Providing the City's Contract Administrator with direct access to the data.

Item 1B - 92
,, • EVERY THANK YOU EARNED.™ THE ACE DIFFERENCE
EVERY THANK YOU EARNED.

Ace Parking does more than take care of cars.

We take care of people.

We do whatever it takes to earn a "Thank You"
from you and your customers,
day or night, at a moment's notice.

Item 1B - 93
- • EVERY THANK YOU EARNED.™ TRAINING - BASED ON EVERY THANK YOU EARNED Ace has a very robust training program focused on customer service and integrity, which empower our team members to stop, think and make the right decision. We specifically train our team members on policy and procedure so they know what steps to follow when a situation arises. For example:

How to manage angry customers during the citation process:

During the citation process, our PCO will stop and listen to the customer. The PCO will then determine how to proceed.

How to manage angry customers after the citation process:

Our team members are trained to always react positively. If our team members are approached by an angry customer, we will always politely and respectfully respond with the information regarding the appeal process. Our goal is to provide information and positive customer interactions. We also suggest providing a small handout that explains the appeal process to the customer to help them go through the steps.

Ace is also willing to follow the City's preferences on this issue.

Item 1B - 94
• • EVERY THANK YOU EARNED.'"

AMBASSADOR APPROACH
Ace's overall approach to parking management follows the "Ambassador" style of service. At all of our locations, we are acting as ambassadors for our clients, to the property, the attraction or the City they are visiting. Some of the ways we will provide an Ambassador-like experience include:
• PCOs will be familiar with streets, attractions and businesses • PCOs will be able to provide directions to residents and visitors for the City of Palm Springs • PCOs will have City information handy to give out to the public, including information on the citation appeal process Item 1B - 95
- • EVERY THANK YOU EARNED.'" CUSTOMER INTERACTIONS/ACE POLICY • When issuing a citation and the driver approaches, Ace will stop/pause and listen to the driver first. • Ace believes that the citation has been formally issued and the matter is out of our hands, once the citation is submitted and uploaded to the system. Unless otherwise directed by the City of Palm Springs, we will then inform the customer of the appeal process to follow. • As a general rule, Ace will always issue a citation if it appears that a parking violation has occurred. It is our understanding that the City of Palm Springs is hiring Ace to enforce the parking laws, not to determine who is exempt from those laws. • Ace's team is instructed to notify law enforcement when the PCO feels their personal safety or safety of others is at risk, when violence is threatened, an angry customer is blocking a driveway or enforcement vehicle or other instance that keeps our PCOs from doing their job. • Ace's team will not give any preferential treatment to anyone, regardless of their stature in the community, ownership of a downtown business or affiliation with the City or connection to local officials. All customers are treated with the same respect and will be informed of the appeals process.

Item 1B - 96
- • EVERVTHANKYOU EARNED.'"

WHY ACE IS THE RIGHT CHOICE
• Current partner of the City of Palm Springs
• We know the City's expectations and have proved that we can already live up to them • Only company that can cross train the PCOs and TEOs from Airport • Corporate HQ's and Executive Support - only a couple hours away • Enforcement Experience
• 3,800 metered parking stalls in San Diego
• 5+ years of Parking Enforcement for City of Chula Vista • 7+ Years at Palm Springs International Airport
• Technology Experience
• Service-oriented Company With Ambassador Approach
• Smooth Transition and Consultative Partnership
Item 1B - 97
EXHIBIT "D"

SCHEDULE OF COMPENSATION
I/WE will accept as full payment the following specified Itemized Unit Rates Per Hour based on actual hours of service provided for providing all labor, supervision, services, materials equipment, supplies, training, and any other miscellaneous items required to perform the Parking Enforcement Services. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver the Parking Enforcement Services as defined in the Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City.

Rates Per Hour represent the amounts bid to provide the services, and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.

Hourly Rates for Regular Schedule:

Parkin Control Officer PCO #2
WEEKLY TOTAL:

ANNUAL COST: (Weekly Total x 52
weeks
$ RATE PER
HOUR
$ 30.99
$ 28.50
$ 28.50
xWEEKLY
HOURS
40 24
25 89
Hourly Rates for Extra Hours, up to 40 Hours Per Week:

Parkin Control Officer PCO
$ RATE PER
HOUR
$ 28.50
Hourly Rates for Extra Hours, in Excess of 40 Hours Per Week:
$ RATE PER
HOUR
$ 25.00
$ 25.00
$ COST PER WEEK
$1,239.60
$ 684.00
$ 712.50
$2,636.10
$137,077.20
Item 1B - 98
EXHIBIT "E"

SCHEDULE OF PERFORMANCE
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.

Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.

Enforce the City's downtown, on-street and parking lot parking program. Please note that this program may be modified at the discretion of the City Manager or the City Manager's designee at any time.

Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work 9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work the11:30 a.m. until 8:30 p.m. shifts Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and issue appropriate citations as necessary during their shifts. A PCO must account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City Item 1B - 99
Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd (Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo Road
Item 1B - 100
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo Road and exit the structure where you came in on Baristo and turn right.

BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
(Log time)
Turn left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.

BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd (Log time)
Item 1B - 101
---------------------------- -- --- -
(not chalking*) Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard". (Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.

BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot {Log lime)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project" Free Unlimited Parking Lot and patrol. (this lot is currently surrounded by major construction) {Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then turn right on Tachevah Dr. and then turn left on Miraleste.

BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr. (Log time)
This concludes your route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed.

If not, the PCO may review the route for other parking violations such as color zones or handicapped violations, etc. If three hours have passed since starting the first chalking rotation, then the PCO returns to the beginning of the patrol route and observes if any of the vehicles parked are in violation by the chalk mark put on the lire and writes a citation. Once completing all citations for the route, the PCO then goes back to the beginning of the route and starts the chalking / patrol again. This cycle is typically repeated three times per day.

Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).

Item 1B - 102
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
AGREEMENT No. 6497
Parking Enforcement Services
This Amendment No. 1 to the C~~ract Services Agreement (A6497) , ("Amendment No. 1 "), is made and entered into this i~ day of 1Vl/\.t. , 2018 , by and between the City of Palm Springs, a California charter city and municipal corporation , ("City''), and Ace Parking Management , Inc., a California corporation, ("Contractor'').

RECITALS
A. City has determined that there is a need for parking enforcement services at various City owned public parking facilities and along public streets (hereinafter "parking enforcement"), and on February 19, 2014, the City Council approved a Contract Services Agreement (A6497) with Contractor to provide parking enforcement.

B. The Downtown Palm Springs Specific Plan includes a 1,515 space parking facility that incorporates subterranean, surface , and above grade parking spaces throughout the Specific Plan area, with approximately 1,000 parking spaces located on City property and will be made available as free public parking , (the "New Public Parking Facility").

C. At the time the City approved Contract Services Agreement (A6497) with Contractor to provide parking enforcement , the scope of work did not include parking enforcement of the New Public Parking Facility, as refurbishment of the New Public Parking Facility was not completed .

D. Refurbishment of the New Public Parking Facility is nearing complet ion, with opening to public use planned for the immediate future, and for which the City Council has establish parking regulations to allow for parking enforcement of it.

E. The City also operates thirty-four (34) electric vehicle charging stations at various locations throughout the City, and has established a two (2) hour maximum time limit for use of these electric vehicle charging stations.

F. It is necessary to expand the scope of services for Contract Services Agreement (A6497) with Contractor to provide parking enforcement of the New Public Parking Facility and at the City's various electric vehicle charging stations.

G. Consultant has submitted to City a proposal to provide parking enforcemen t of the New Public Parking Facility and at the City's various electric vehicle charging stations, including the use of a Mobile License Plate Recognition Enforcement System for all parking enforcement services City-wide , at an increased cost of $43,654 annually .

H. City wishes to amend Contract Services Agreement (A6497) to add the add itional parking enforcement services and extend the term to incorporate the first of the two (2) two (2) year optional renewals , and to incorporate an annual budget of $25 ,000 for additional "on-call " parking enforcement services, all as identified in this Amendment No. 1.

ORIGINAL BID

AND/OR AGREEMENT
Item 1B - 103
In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows :

AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 1.

SECTION 2. Section 2.1 Maximum Contract Amount is hereby amended as follows :

1. The "Maximum Contract Amount" as defined therein is revised to read: " One Hundred Eighty Thousand Seven Hundred Thirty Two Dollars per year, ($180, 732)."

2. The following sentences are hereby added to the end of Section 2.1, to read: "The Maximum Contract Amount shall apply to any extended operational renewal period . In addition to the maximum contract amount, there shall be an annual budget for additiona l "on-call" parking enforcement services of Twenty Five Thousand Dollars ($25,000), to be used only at the direction of, and upon the City Manager's prior approval." SECTION 3. Section 3.4 Term is hereby amended to read as follows:

Unless earlier terminated under this Agreement, this Agreement shall commence on March 18, 2014, and continue in full force and effect for a period of seven (7) years until March 18, 2021.

At the City's sole discretion, and upon Contractor's approval, this Agreement may be extended for one (1) two (2) year optional renewal period, until March 18, 2023, whereupon this Agreement shall terminate. Any extension must be through mutual written agreement of the Parties.

SECTION 4. Section 9.2 Conflict of Interest is hereby replaced in its entirety to read:

Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

SECTION 5. Section 9.3 Covenant Agains t Discrimination is hereby replaced in its entirety to read:

Covenant Against Discrimination. In connection with its performance under this Agreement , Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condit ion.

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be limited to, the Item 1B - 104
following: employment, upgrading, demotion or transfer ; recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation; and selection for training , including apprenticeship. Contractor shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting .

SECTION 5. Exhibit A, "Scope of Services" to the Agreement is replaced with the revised Exhibit A attached hereto this Amendment No. 1.

SECTION 6. Exhibit D, "Schedule of Compensation" to the Agreement is replaced with the revised Exhibit D attached hereto this Amendment No. 1.

SECTION 7. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A6497), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement (A6497), the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 8. Corporate Authority . The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing , (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party , (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
Item 1B - 105
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below.
"CITY"
l
<::_ City
2 of Pal~ Springs~
Date: ul,~ Li By~~-_::::,~ ~
- - - ---t-'----1~ ---- David H. Ready, /
City Manager -1.~
APPROVED AS TO FORM:
~~J ~ . By:,~ ~ ~ -
E~werd Z. t<otki~9-~'V\\'
~,\- City Attorney
)--tPROVED BY CllY COUNCIL
~~ 1¼11 ¼-~' d\1\~~ j\~qq~
Date: --------- --
Date: I z.../ /1 .. / 1 z ----=C...,,f- ---'--C...,,<--~-- -- "CONSUL TANT"
Ace Parking Managepwm, Inc.
j'{.r(. v J... Z(J,
Printed Nameff itle
By: __ rf?,_~7< ~~~~ ~~~-' ~-
Signature
12,.r.s J. ,J.e~ .r;__ .,- C ~
Printed Nameffitle
Check one: _ Individual _ Partnership _ Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary , Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

Item 1B - 106
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Ca~ia 11 )
County of ~ v'/~i) )
On ('2-- Oec,,, io,1 before me, (L . S}1\ttC4:-/ctj, /00ft{Vu Pt,thl,u, Date r )-. .e. Ve Herrrtfr1s[l '.'1jp_e)nd Title of the0fficer personally appeared ______ 2)_ """', J,__ • ______ V:) __ v_ 'TV __ V\ ____ _____ _ _ Name(s) of Signer(s)
who p roved to me on the basis of satisfactory evidence to be the person(e) whose nam~ is.Lafe. subscribed to the within instrument and acknowledged to me that he/~I ,e,'the'f" executed the same in hil>/tte , /ti ,einrntho rized capacityQeaj , and that by hiSi'FJe, /their signature~on the instrument the persor$ ), or the entity upon behalf of which the person(~ acted, executed the instrument. !@,··· ~ . u . , .

R. SHACKLETT
COMM. #2057456

NOTARY PUBLIC-CALIFORNIA

SAN DIEGO COUNTY
My Commission Expires
MARCH 1 2 018
Place Notary Seal Above
I certify under PENAL TY OF PERJURY unde r the laws
of the State of Californ ia that the forego ing paragraph is true and correct.

Signature of Notary Public
----------------OPTI ONAL --------------- -
Though this section is optional, completing this information can deter alteration of the docume nt or fraudulent reattachment of this form to an uni tended document.

Description of Attached Document
Title or Type of Doc ument: - ---- - --------------#---------- Document Date: --------------- -+---
Signer (s) Othe r Than Named Above: --------+- - -----1'-- - ----- ---- Capacity(ies) Claimed by Signer{s)
Signer's Name: _______ _ ___ _ S" ner's Name: _,_ ___________ _ D Corporate Officer - Tit le(s): _ _____ _ Corporate Of ·cer - Title(s): ______ _ D Partner - D Limit ed D General D Partner - Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:--------- - ----+ D Other: ~---- - --------
Signer Is Repre senting: _____ _ _ __ ,_ Signer Is Representing : _ _ _____ _ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1B - 107
EXHIBIT "A"

SCOPE OF SERVICES
Generally , the scope of work consists of, but is not limited to, the enforcement of the City's downtown and uptown on-street parking and parking lots as more fully described below . It is important to note that the services do NOT include the Parking Citation Processing and Collecting services, as the City shall contract separately for those services.

Please note that sub-contracting is NOT permitted under this contract.

Contractor's Responsibilities: Enforce the City's downtown, on-street and parking lot parking program. Please note that this program may be modified at the discret ion of the City Manager or the City Manager's designee at any time.

Contractor shall provide three (3) qualified , trained personnel who will collectively work approximately 100 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer (PCO) who will work 9 a.m. until 6 p.m.(40 hours); two (2) part-time PCO to work assigned shifts as necessary to provide parking enforcement services of the various City parking facilities .

These hours and schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be given a meal break of one (1) hour.

Parking Enforcement Regular Duty:

Contractor shall enforce all parking related ordinances, statutes, and codes as required and where required by the City Manager or the City Manager 's designee . Typical violations enforced include but are not limited to:
o All legally designated handicapped parking areas, on and off street • All "time-restricted" on-street parking
o All "time-restricted" electric vehicle charging station spaces o All "No Parking Anytime" areas
o Vehicles parked on sidewalks
" Veh icles parked too close to fire hydrants , driveways , stop signs, intersections, or crosswalks
., Vehicles parked fac ing the wrong way
• Green , yellow, white, and red zone restricted parking e Improp er parking
Exhibit "A" - Scope of Work

Page 1 of 11 ends

Item 1B - 108
Additional Duties:
" Enforcement during City sponsored and community events o Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the general public • Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts " Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers • Monthly summary of activities showing total work hours, time sheets, patrol and non-patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., for the following: (i) the established street routes; (ii) all Palm Springs "Free Parking" surface parking lots; (iii) all "Free Parking" within the "north" and "south" interconnected parking structures (underground, surface, and above ground) within the Downtown Palm Springs Specific Plan (generally located between Museum Drive on the north and Tahquitz Canyon Way on the south, and between Museum Drive on the west and Palm Canyon Drive on the east); and (iv) all 2-hour time-restricted electrical vehicle charging stations .

The total parking enforcement shall consist of approximately 100 hours per week between one full-time and two part-time officers. Some holidays are excluded. Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.

Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the following: (i) the established street routes; (ii) all Palm Springs "Free Parking" surface parking lots; (iii) all "Free Parking" within the "north" and "south" interconnected parking structures (underground, surface, and above ·ground) within the Downtown Palm Springs Specific Plan (generally located between Museum Drive on the north and Tahquitz Canyon Way on the south, and between Museum Drive on the west and Palm Canyon Drive on the east); and (iv) all 2-hour time-restricted electrical vehicle charging stations. On occasion the City is requested to have a PCO patrol privately owned shopping center parking lots for recurring violations on an as-needed basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. The patrol plan/route and list of private parking lots is included herein for reference (see below).

Patrol times will be logged in a Daily Activity Report (DAR) and turned in at the end of each work day to the Contract Administrator (sample included herein, see below). The City reserves the right to require modification of the patrol plan from time to time as appropriate.

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Item 1B - 109
Supervisor shall meet with the Contract Administrator or designee weekly to discuss any complaints or violations of the Performance Standards that may be reported by the public or observed by the City.

Complaints to the City regarding contract employees: Contractor's assigned Onsite Supervisor shall investigate and report any complaints regarding their employees received from the public or the City within 24 hours of the report. The City shall reserve the right to contact the reporting party and Contractor employee as needed to resolve the compla int to the City's satisfaction, with the understanding that unprofessional or discourteous treatment of the public will not be tolerated.

PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLI ES TO BE PROVIDED BY CONTRACTOR:

Contractor shall not issue any uniform or identifying badge without the prior written approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved uniform. o Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the contract employee. • Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseball-style hat.

Equipment and Supplies:

Vehicles:

Page 3 of 11 ends

Item 1B - 110
design must be approved by the City. Vehicles must have a locked or secured storage compartment area for supplies. Vehicles are to be used e)(clusively for parking enforcement services only as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor or principal, or for any other business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in good, safe operating condition and in a professional appearance by the Contractor.

All parking enforcement vehicles shall be equipped with a mobile License Plate Recognition (LPR) system, using state of the art technology capable of cloud connectivity and processing performance. The LPR system shall utilize multiple cameras affixed to the vehicle to enable the PCO to capture vehicle license plates while in motion, a controller to processing and storage of PCR images, and a cloud portal for vehicle monitoring and reporting, i ncluding a mobile enforcement application for use by the PCO with a tablet mounted in the vehicle providing real time maps and alerts, with audio alerts for noted parking violations. The City reserves the right to review and approve the LPR system to be utilized by Contractor.

Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.

Vehicles that are damaged or disabled while in service for the City of Palm Springs shall be replaced with an operable vehicle within four (4) hours. Replacement or repair of damages will be the responsibility of the Contractor.

Contractor shall be responsible for parking and securing all patrol vehicles at the City Yard Facility, located at 425 South Civic Drive in Palm Springs, when not in use. The Contractor shall be financially responsible for damaged , lost or stolen equipment provided by the City (including radio equipment, emergency equipment, etc.). The Contractor shall prepare and maintain a complete, detailed, accurate, and current inventory of all equipment and supplies provided by the City for use by the Contractor.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action (i.e., cite vehicles in violation of parl<ing regulations, report potential abandoned vehicles or vehicles creating unsafe conditions, record date and time of the patrol, etc.).

Exhibit "A" - Scope of Work

Page 4 of 11 ends

Item 1B - 111
Voided Parking Citations: Any citation deemed inappropriate during or immediately following issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation, provided the PCO issues a corrected citation. If the PCO determines that the parking citation should be voided due to an error on the PCO's part and a corrected citation will not be issued, the PCO shall document and record this action. Voided parking citations will be recorded and monitored via the citation database . Citation Processing Services are NOT part of the scope of work for this contract, as the City shall contract for those services separately .

Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and issue appropriate citations as necessary during their shifts. A PCO must account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-C ite from City Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

BEGIN ENFORCEMENT on Tahqultz Canyon Way at Calle Encilia, heading west to Belardo Road, make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo. (Log time)
Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto Ramon Road and continue to Indian Canyon Drive. Turn right onto Indian Canyon Drive.

BEGIN ENFORCEMENT on East side of S. Indian Canyon Drive (E) heading north to Grand Via Valmonte
{Log time)
Turn left onto Grand Via Valmonte, go to N Palm Canyon Drive and turn right.

BEGIN ENFORCEMENT on the East side of N Palm Canyon Drive (E) heading north to Via Lola
(Log time)
Turn left onto Via Lola
BEGIN ENFORCEMENT on Via Lola heading west to the end of the street, make a U-turn and continue enforcement on Via Lola heading east back to N Palm Canyon Drive. (Log time)
Turn right onto North Palm Canyon Dr.

BEGIN ENFORCEMENT on the West side of N Palm Canyon Dr. (W) heading south to Alejo Road.

Exhibit "A" - Scope of Work

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Item 1B - 112
(Log time)
Turn right onto Alejo Road
BEGIN ENFORCEMENT on Alejo Road heading west. Enter and Patrol the City of Palm Springs Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Road.

Leaving parking lot, turn left onto Alejo Road and continue enforcement on Alejo Road head ing east to Palm Canyon Dr.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane BEGIN ENFORCEMENT on East side of Palm Canyon Dr. (E) to Baristo Rd (Log time)
Continue on Palm Canyon Dr., turn left onto Ramon Road, and turn left onto Indian Canyon Dr.

BEGIN ENFORCEMENT on the left (west) side of S. Indian Canyon Dr. (W) heading north to Baristo Road
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo Road and exit the structure where you came in on Baristo Road and turn right.

BEGIN ENFORCEMENT on Baristo Road heading west to Belardo Road, make a U-turn and continue enforcement on Baristo Road back to Indian Canyon Drive. (Log time)
Tum left onto Indian Canyon Drive
BEGIN ENFORCEMENT on the left side of S. Indian Canyon Drive (W) heading north to Arenas Road.
(Log time)
Turn left onto Arenas Road
BEGIN ENFORCEMENT on Arenas Road heading west to Belardo Road, make a U-turn and continue enforcement on Arenas Road back to Indian Canyon Drive (Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
Exhibit "A" - Scope of Work

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Item 1B - 113
(Log time)
Exit the parking lot and turn left onto Indian Canyon Drive BEGIN ENFORCEMENT on the west (left) side of Indian Canyon Drive (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon Drive CONTINUE ENFORCEMENT on the west (left) side of Indian Canyon Drive (W) to Amado Road
(Log time)
Turn left onto Amado Road
BEGIN ENFORCEMENT on Amado Road heading west to Belardo Road, make a U-turn continuing enforcement on Amado Road back to Indian Canyon Drive. (Log time)
Turn left on Indian Canyon Drive heading north to Alejo Road. Turning left onto Alejo Road and left again onto Palm Canyon Dr., move to the right lane.

BEGIN ENFORCEMENT on the West side of Palm Canyon Drive (W) heading south to Baristo Road
(Log time)
Continue on Palm Canyon Drive to Ramon Road. Turn right onto Ramon Road then turn right again onto Belardo Road, proceed to, and cross , Baristo Road and then turn right and enter and Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard". (Log time)
Leaving parking lot, turn right onto Belardo Road and proceed north to, and cross, Arenas Road. Turn right and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.

BEGIN ENFORCEMENT within the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot (Log time)
When leaving the Mercado Shopping Center parking lot turn right onto Belardo Road heading north to Tahquitz Canyon Way. Turn left onto Tahqu itz Canyon Way heading west to Belardo Road.
(Log time)
Exhibit "A" - S cope of Work

Page 7 of 11 ends

Item 1B - 114
Turning right into the "South" parking structure located just west of Belardo Road, BEGIN ENFORCEMENT of and Patrol the "South" and "North" interconnected parking structures (underground, surface, and above ground) within the Downtown Palm Springs Specific Plan (generally located between Museum Drive on the north and Tahquitz Canyon Way on the south, and between Museum Drive on the west and Palm Canyon Drive on the east), exiting from the "North" parking structure at Museum Drive.

Turn right onto Museum Drive heading north and east to Belardo Road, turn left onto Belardo Road. Continue north on Belardo Road past Amado Road intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the parking lots and exit the way you came in.

Turn right onto Belardo Road and continue to Alejo Road. Turn right on Alejo Road to Indian Canyon Drive and turn left. Go north on Indian Canyon Drive to Tachevah Drive, then turn right on Mel Avenue .
(Log time)
BEGIN ENFORCEMENT on the both sides of Mel Avenue (N & S). (Log time)
Proceed to Via Miraleste, southbound , and continue enforcement on Via Miraleste (W) to Tachevah Drive.
(Log time)
Proceed to Palm Canyon Drive, turn left onto Palm Canyon Drive heading south to Andreas Road, turn right onto Andreas Road.

BEGIN ENFORCEMENT on both sides of Andreas Road (N & S) to Belardo Road, turn left onto Belardo Road, continue enforcement on both sides of Belardo Road (W & E) to Tahquitz Canyon Way, turn right onto Tahquitz Canyon Way to Museum Drive, heading north to Museum Way, continue enforcement on both sides of Museum Way (N & S) to Palm Canyon Drive.

This concludes your DOWNTOWN route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed. If not, the PCO may review the route for other parking violations such as color zones or handicapped violations, etc. If three hours have passed since starting the first enforcement rotation, then the PCO returns to the beginning of the· patrol route and observes if any of the vehicles parked are in violation as noted by the LPR system, and issues citations accordingly.

Once completing all citations for the route, the PCO then goes back to the beginning of the route and starts the enforcement patrol again. This cycle is typically repeated three times per day.

The route may be adjusted as reasonably necessary to improve the Contractor's efficiency, and to include additional parking enforcement areas as directed by the City.

Exhibit "A" - Scope of Work

Page 8 of 11 ends

Item 1B - 115
Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday , Saturday , and Sunday only. (City Hall is open Monday thru Thursday).

ELECTRIC VEHICLE CHARGING STATION ROUTE PLAN:

Contractor shall patrol the 34 existing 2-hour electric vehicle charging stations, as noted in the following table.
~ ~-.,:
-·
A.

ClipperCreek CS-40, J1772 Wa ll Mount 2
ClipperCreek CS-40, 11772 Post 3
CllpperCreek CS-40, J1772 Post 1
CllpperCreek CS-40, !1772 Wa ll Mount l
Clipf)<?rcreek CS-40, Jl772 Post l
ClipperCreek CS-40, Jl772 Post 2
CllpperCreek CS-40, Jl 772 Post l
Cllppe rCreek CS-40, Jl 772 Post 7
CllpperCreek CS-40, Jl 772 Post 2
Clipper Creek CS-40, Jl77l Post 1.

ClipoerCree k CS-40, J1772 Post 1
CllpperCreek CS-40, Jl77 2 Post 4
ClipperCre ek CS-40, Jl772 Post 2
CllpperCraek CS-40, Jl772 Post 1
Cllppe rCreek CS-40, Jl772 post 2
CflpperCreek CS-40, Jl77 3 post 1
Total Chargers 34
,- l_;, -- .Sttlit
Downto wn Public Parking Structure 132 W. Bar1rto Rd
Fleet Maintenance Yard 425 Civic Dr.

CVEP, Rabobank Building 3112 E. Tahquiu Canyo n Way
CVEP, Rabo bank Building 3111 E. Tahqu itz Canyon Way
Palm Spr ings libr ary 300 S. Sunrise Way
City Hall 3200 E. Tahquitz Canyon Way
Accelerator Park 2901 E. Alejo Rd
Palm Sprlnl!S 1ntern3tlonal Airport 3400 E Tahq ultz Canyon Way Downto wn Public Parking Struc ture 133 W. Barlsto Rd
Palm Springs Visitors Center 2901 N. Palm Canyon Drive
Came lot Theatre/Farmers Market 2300 E. Baristo Rd
Palm Springs Convention Center 277 Avenlda Caballeros
Desert AIDS ProJect 1695 N. Sunrise Way
Behind structure In
Village Greon the public pa rking lot
James O JcSse
Desert Highlands Community Cente r 4 80 Tramview ~oad
Ciry Facilities Maintenance -U5 Civic Drive
Exhibit "A" - Scope of Work

Page 9 of 11 ends

-
caw state Zin-
Palm Spr lnRS CA 92262
Palm Springs CA 92262
Palm Springs CA 92262
Palm Sprlnes CA 92262
Palm Spring s CA 92262
Palm Springs CA 92262
Palm Sprin&s CA 92264
Palm Springs CA 92262
Palm Springs CA 92262
Palm Springs CA 92262
Palm Sprin~s CA 92262
Palm Springs CA 92262
P•lm Springs CA 92262
Palm Springs CA 92262
Palm Springs CA 92262
Item 1B - 116
DAILY ACTIViTY REPORT
Date: ____ _ Start Time : _____ _ End Time : _____ _
Beginning Mileage: __ _ Ending Mileage: ___ _ Gallons : ---- - -- CHALK I PATROL TIMES: Chalk times= Streets & Patrol times= Parking Lots Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot
Downtown Parking Structure
Azul/B lue Coyote Parking Lot
Mel Avenue
Via Miraleste
Andreas Road
Belardo Road
Museum Way
City Hall Parking lots*
1st Time 2nd Time
(*Patrolled once per day on Friday, Satu rday, and Sunday only) Exhibit "A" - Scope of Work

Page 10 of 11 ends

3rd Time
Item 1B - 117
Shopping Center Parking Lots:

Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.

Walmart Shopping Center (Ramon Road at Crossley)
Gene Autry Plaza (Ramon Road at Gene Autry, south side) The Springs Shopping Center (Ramon Road at Gene Autry, north side) Regal Theaters (Alvarado at Tahquitz Canyon Way)
Steinmart (S. Palm Canyon at Morongo Road)
Smoke Tree Commons (E. Palm Canyon at Sarona)
Smoke Tree Plaza (Palm Canyon at Sunrise Way)
99¢ Store (Sunrise Way at Tahqui tz Canyon Way)
Desert Regiona l Medical Center {Indian Canyon Dr. at Paseo El Mirador) Exhibit "A" - Scope of Work

Page 11 of 11 ends

Item 1B - 118
EXHIBIT "D"

SCHEDULE OF COMPENSATION
Compensation shall be based upon the following specified itemized Unjt Rates per Hour based on actual hours of servjce provjded for providing all labor, supervision, services, materials equipment , supplies, training , and any other miscellaneous items required to perform the Parking Enforcement Services. Contractor agrees to provide all worl< and services necessary to deliver the Parking Enforcement Services as defined in the Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City.

Rates Per Hour represent the amounts bid to provide the services, and are NOT based upon the actual hourly rates paid to the Contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.

Hourly Rates for Regular Schedule:
$ RATE PER xWEEKLY $ COST PER

HOUR HOURS WEEK
Onsite Supervisor/ PCO $ 36.25 40 $1,450.00
Parking Control Officer (PCO) #1 $ 33.76 30 $1,012 .80
Parking Control Officer (PCO) #2 $ 33.76 30 $1 ,012.80
WEEKLY TOT AL: $3,475 .60
ANNUAL COST: (Weekly Total x 52 weeks): $ 180,731.20
ADDITIONAL "ON CALL" SERVICES* $25,000 .00
MAXIMUM ANNUAL COST: $205,731.20
.. Add1t1onal "on call" parking enforcement services shall be subject to review and approval by the City Manager.

Hourly rates identified herein are fixed for the term of the Agreement.

Hourly Rates for Extra Hours, up to 40 Hours Per Week:
$ RATE PER
HOUR
Parking Control Officer (PCO) $ 33.76
Hourly Rates for Extra Hours, in Excess of 40 Hours Per Week:
$ RATE PER
HOUR
Onsite Supervisor $ 33.25
Parking Control Officer (PCO) $ 30.76
Item 1B - 119

RECITALS
A. City has determined that there is a need for Parking Enforcement Services ("Project").

B. Contractor has submitted to City a proposal to provide Parking Enforcement Services to City for the Project under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such Contract services.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

Item 1B - 120

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Thirty Seven Thousand Seventy Eight Dollars per year, ($137,078) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor 720669.1 Revised: 6/16/10
Item 1B - 121
that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified io this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

3. SCHEDULE OF PERFORMANCE

Revised: 6116110
720669.1
Item 1B - 122

4. COORDINATION OF WORK

Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

Revised: 6/16/10
720669.1
Item 1B - 123
A. During the performance of this Agreement, Contractor and its officers. employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees.

B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

5. INSURANCE

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form Contract liability (errors and omissions) insurance coverage in an amount ofnot less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (I) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any Contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the Contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor Revised: 6116/ I 0
720669.1
Item 1B - 124
during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
720669.l

5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, Revised: 6/16/10
Item 1B - 125
720669.1
against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in Revised: 6/16/10
Item 1B - 126
any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible.

Revised: 6/16/10
720669.l
Item 1B - 127

6. INDEMNIFICATION

7. REPORTS AND RECORDS

Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer Revised: 6/16/10 720669.]
Item 1B - 128
the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

8. ENFORCEMENT OF AGREEMENT

8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by Revised: 6/16/10
720669.1
Item 1B - 129
rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.

Revised: 6/16110
720669.1
Item 1B - 130

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10. MISCELLANEOUS PROVISIONS

B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. Jfthe use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10,2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confinned within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant Revised: 6/16/10
720669.1
Item 1B - 131
messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Contractor:

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

Revised: 6/16/10
720669.1
Item 1B - 132
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

Date:._c::<3=...=_,f'----, Y_,/_z_o_,+ __ _
APPROVED AS TO FORM:

By:

APPROVED BY CITY COUNCIL:

CONTRACTOR NAME:

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~J.
1@-.. R. SHACKLETT t ~ COMM. #1881434
~ , NOTARY PUBUC-CAI.IFORNIA £?
c, SAN DIEGO COUNTY !? I · My Commluion Expires I MARCH 1, 2014 Item 1B - 134

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
v
'@ R. SHACKLETT I : ' .. COMM. #1881434 n
CJ , NOTARY PUBUC-CAI.IFORNIA ~
,n SAN DIEGO COUNTY •
I . My CommlPlon lb!>~•• I MARpH1i:2014
Item 1B - 135
EXHIBIT "A"

Please note that sub-contracting is NOT permitted under this contract.

Parking Enforcement Regular Duty:

Item 1B - 136
• Enforcement during City sponsored and community events • Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the general public • Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts • Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers • Monthly summary of activities showing total work hours, lime sheets, patrol and non- patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.

Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any lime with written notice to Contractor.

Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown parking structure, and one (1) time-limit parking lot. On occasion the City is requested to have a PCO patrol privately owned shopping center parking lots for recurring violations on an as needed basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. The patrol plan/route and list of private parking lots is included herein for reference (see below).

Item 1B - 137

PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED BY CONTRACTOR:

Equipment and Supplies:

Vehicles:

Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Item 1B - 138
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

Item 1B - 139
(Log time)
Turn right onto North Palm Canyon Dr.

BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
{Log time)
Tum left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Item 1B - 140
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west {left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
{Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.

BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr.

Item 1B - 141
(Log time)
This concludes your route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed.

Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).

Item 1B - 142

DAILY ACTIVITY REPORT
Date: _______ _ Start Time: ______ _ End Time: _____ _
Beginning Mileage: _____ Ending Mileage: ____ Gallons: ____ _ CHALK/ PATROL TIMES: Chalk times= Streets & Patrol times= Parking Lots Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot (chalk*)
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots•
1 st
Time 2
nd
Time 3"'Time
nla nla
Item 1B - 143
(*The south (front) and east lots are patrolled~ per day on Friday, Saturday, and Sunday only) Shopping Center Parking Lots:

Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.

CITY'S REQUEST FOR PROPOSALS
Item 1B - 145

CITY OF PALM SPRINGS, CA
NOTICE INVITING PROPOSALS FOR RFP #04-14

PROJECT LOCATION: Primarily the downtown and uptown districts of the City of Palm Springs, CA.

SCOPE OF SERVICES: The scope of work will consist of enforcing the City's downtown, on street and parking lot parking program.

PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

Craig L. Gladders, C.P.M.

Procurement and Contracting Manager
July 31, 2013
Item 1B - 146

CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #04-14

SCHEDULE:

Deadline for receipt of Proposals ........................ Wednesday, September 4, 2013, 3:00 P.M.

ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope.

ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope.

ATTACHMENT "C" - Cost Proposal Form. *Must be completed and included in a separately sealed envelope - do NOT include this with your Technical Proposal.

ATTACHMENT "D" - Sample boilerplate Contract Services Agreement (for reference only}
Item 1B - 147

3. SCOPE OF SERVICES:

Please note that sub-contracting is NOT permitted under this contract.

Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work 9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work the11:30 a.m. until 8:30 p.m. shifts Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.

Parking Enforcement Regular Duty:

Item 1B - 148
Contractor shall enforce all parking related ordinances, statutes, and codes as required and where required by the City Manager or the City Manager's designee. Typical violations enforced include but are not limited to:
• All legally designated handicapped parking areas, on and off street • All "time-restricted" on-street parking
• All "No Parking Anytime" areas
• Vehicles parked on sidewalks
• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks
• Vehicles parked facing the wrong way
• Green, yellow, white, and red zone restricted parking • Improper parking
Additional Duties:
Enforcement during City sponsored and community events Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the general public • Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts • Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers • Monthly summary of activities showing total work hours, time sheets, patrol and non- patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.

Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.

Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown parking structure, and one (1) time-limit parking lot. On occasion the City is requested to have a PCO patrol privately owned shopping center parking lots for recurring violations on an as needed basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. The patrol plan/route and list of private parking lots is included herein for reference (see below).

Onsite Supervisor: Contractor shall provide an Onsite Supervisor for day-to-day operations and who will also act as a PCO. Supervisor will provide reports as needed, respond to complaints, training needs, will track working hours, and supervise the contract personnel. Any disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite Supervisor shall meet with the Contract Administrator or designee weekly to discuss any Item 1B - 149
complaints or violations of the Performance Standards that may be reported by the public or observed by the City.

PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED BY CONTRACTOR:

Equipment and Supplies:

Vehicles:

Contractor shall provide a minimum of two (2) alternative fuel parking enforcement vehicles, white in color, with markings identifying them as "City of Palm Springs, Parking Enforcement" with flashing light bar and reflective stickers indicating a "slow moving" vehicle. Vehicle logo design must be approved by the City. Vehicles must have a locked or secured storage compartment area for supplies. Vehicles are to be used exclusively for parking enforcement services only as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor or principal, or for any other Item 1B - 150
business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in good, safe operating condition and in a professional appearance by the Contractor.

Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.

PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.

DOWNTOWN P.C.O. PATROL ROUTE PLAN:

BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road, make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo. (Log time)
Item 1B - 151
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.

Item 1B - 152
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
(Log time)
Tum left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-tum and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.

BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot Item 1B - 153
(Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project" Free Unlimited Parking Lot and patrol. (this lot is currently surrounded by major construction) (Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr .. then turn right on Tachevah Dr. and then turn left on Miraleste.

BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr. (Log time)
This concludes your route.

The PCO will at this point look at his or her watch to determine if three (3) hours have passed.

Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).

Item 1B - 154

DAILY ACTIVITY REPORT
Date: _______ _ Start Time: ______ _ End Time: _____ _
Beginning Mileage: _____ Ending Mileage: ____ Gallons: ____ _ CHALK/ PATROL TIMES: Chalk times= Streets & Patrol times= Parking Lots Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot ( chalk*)
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots•
1 st
Time z"d Time 3"' Time
nla nla
Item 1B - 155
(*The south (front) and east lots are patrolled once per day on Friday, Saturday, and Sunday only) Shopping Center Parking Lots:

Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.

4. PROPOSAL REQUIREMENTS:

A. Firm/Company Qualifications and experience in providing similar services as defined in the RFP, including References from other cities. (20 POINTS) Item 1B - 156
B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work. (20 POINTS) C. Supervisor and Staff Qualifications, Experience and Training in providing the services as defined in the RFP, including resumes (25 POINTS)
D. Local Preference: Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. (5 POINTS) E. Cost Proposal (30 POINTS)
PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects.

EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES:

Item 1B - 157
TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, and D below:

SECTION A:

FIRM/COMPANY QUALIFICATIONS AND EXPERIENCE (including any subcontractors) AND REFERENCES FROM OTHER CITIES.

SECTION B:

PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND

DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED

SCOPE OF WORK

B.3 Discuss how your firm will meet the Uniform, Equipment, Supplies, Safety Equipment (including reflective vests), and Alternative Fuel Vehicle requirements as set forth in the RFP.

Provide detailed and specific information.

SECTION C:

ASSIGNED SUPERVISOR AND STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING

IN PROVIDING PARKING ENFORCEMENT SERVICES
Item 1B - 158
C.1 Include the background, experience, training, and Resume of the staff person you're your firm will assign as the full-time On-Site Supervisor PCO for this contract. In addition, provide the background experience, training, and Resumes of the other part-time PCO staff members that will be assigned to perform parking enforcement services for the City under this contract.

SECTION D:

D.2 List all team members with local expertise. Clearly define their role in the overall project.

COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section E below:

SECTION E:

COST PROPOSAL (*see Attachment "C'?
Item 1B - 159
E.1 The cost proposal (in a separate sealed envelope) shall be a Unit Hourly Rate for the specified PCO's as defined in the Scope of Services and as provided in Attachment C.

8. GENERAL AND SPECIAL CONDITIONS:

Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to:

Craig Gladders, C.P.M.

Item 1B - 160
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "D"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties.

Item 1B - 161
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

REQUEST FOR PROPOSALS (RFP 04-14)
FOR

PARKING ENFORCEMENT SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:

THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND

INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER

ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND

INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Item 1B - 162
Q 1: In regards to the Attorney General's op,rnon on private parking companies issuing municipal citations. Does the City of Palm Springs see an issue with the statement that cities "cannot reasonably be considered as the type of service that by implication may be contracted out to a private party''?
A 1: The 2002 Attorney General Opinion referenced (85 Ops. Cat. Atty. Gen. 83) was specific to General Law Cities. The City of Palm Springs is a Charter City.

Q 5: Attachment B- If attachment B needs to be notarized can the state and county be changed?
A 5: Yes.

Q 6: How many parking stalls in the patrol area?
A 6: 803 time-limit parking spaces.

Q 8: Does the City of Palm Springs purchase the ticket stock and envelopes or is this a cost that should be included in our cost proposal?
Item 1B - 163
A 8: Yes, the City provides the ticket stock and envelopes.

Note that this contract requires the manual marking of parked vehicle tires, therefore a car/automobile is not acceptable.

Q14: What was the proposed operational budget for the 2013/2014 year? A 14: The City of Palm Springs total operational budget is $83.4 million for the City's General Fund for our current FY 13-14.

Q 15: What additional reporting does the city require monthly? A 15: Time cards.

Q 16: Does the California All Purpose Acknowledgment need to be filled out and submitted with the proposal? Can the California All Purpose acknowledgement be notarized in another state? A 16: No. The California All Purpose Acknowledgement that is included with the blank sample boilerplate agreement is NOT to be filled out. The blank sample agreement is Item 1B - 164
provided for your information only and will be completed and executed with the firm that is successful in this process and awarded the contract.

Q 17: Can attachment B be notarized in another state?
A 17: See answer to question #5 above.

Q 21: Can the City please provide a list of members of the decision making committee who will be evaluating the proposals?
A 21: No.

Q 22: Does the City anticipate a decrease in the listed minimum schedule of 89 hours per week.

If so why, and by how many hours?
A 22: No. The City does not anticipate this at this time, however, the hours are subject to change and may be modified as noted in the RFP.

Q 25: Can we get copy of current contract that Standard Parking is under? Item 1B - 165
A 25: A copy of the Standard Parking contract is attached hereto.

Q 26: Can we get copies of invoices by month for the last 12 months for the current contract? A 26: A copy of the invoices for the last 12 months is attached hereto.

A 27: See answer to Question #3.

Q 28: Can we get the current fine amounts for the fines being written? The parking codes

12.32.010, 12.32.020, 12.32.030, 12.32.040, 12.32.050, 12.32.080, 12.32.100 (all fines by color & zone violation) as well as any others they currently enforce for.

A 28: A copy of the City's current Violation fees (bail schedule) is attached hereto.

Q 31: Can the errors & omissions Insurance coverage be lowered? We have $1,00,000; but not the $2,000,000 annual aggregate?
A 31: See answer to Question #2.

Q 33: Will the Contractor be offered the ability to renegotiate the hourly rates should the weekly hours described in the proposal be greatly reduced?
A 33: No.

Q 41: Section 8.3 of the sample contract. Please note that this provision conflict with Section 3.5 of the agreement, which states termination for cause rights. In this Section 8.3, the City may terminate the agreement for Contractor's breach with 10 days' prior written notice and if Contractor fails to cure within that time period. Additionally, the City reserves the right, even after termination of Contractor for cause, to perform the agreement themselves and to hold Contractor liable, or to withhold payment to Contractor by requiring Contractor to continue performing, for damages. Will the City consider removing Section 8.3(8) in its entirety, with the City having the right to terminate Contractor for cause under Section 8.3(A)? A 41: The language will be revised to reflect the City's standard termination language for this type of agreement which will be as follows: "City may terminate this Agreement at any time, with Item 1B - 167
or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.

Procurement & Contracting Manager
DATE: August 22, 2013
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Item 1B - 168
EXHIBIT "C~

CONTRACTOR'S PROPOSAL
Item 1B - 169
WE SEE
T~1E PEOPLE,
NOT THE CARS.
" • • • EVERY THANK YOU EARNED:"
pa,: ,ng
City of Palm Springs
City of Palm Springs Parking Enforcement RFP
Item 1B - 170
City of Palm Springs Parking Enforcement

TABLE OF CONTENTS
1 Item 1B - 171
·. ounding Member of the
ational Parking Association
our mission
By valuing our employees, listening to our dients, and operating under the Ideals of moral integrity, quality, and accountability, we will lead the paridng Industry in service and finandal results for our dients.

We hope you take the opportunity to speak with Tom Nolan, Palm Springs Aviation Director. He can confirm that we are the hi!jhest quality partner for the Airport and the City.

Technology Experience
Ace Parking has extensive experience with Duncan Solutions and their handheld ticket issuing technology. Due to our experience, we can provide recommendations on equipment upgrades and work with your vendors to secure the best solution for your operation. As a consultative partner, Ace will be looking for the best strategies to maximize operational efficiencies. Ace's experience includes utilizing handheld 645 ASH STREET SAN DIEGO, CA 92101 I 619 233 6624 I ACEPARKING.COM Item 1B - 172
enforcement units, citation writing, data collection, online collections & permitting, citation payment, adjudication, incident management, reporting and auditing.

Sincerely,
Steve Burton
President
4 Item 1B - 173
ATTACHMENT "A"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1 )*
REQUESTS FOR PROPOSALS (RFP) # 04-14

PARKING ENFORCEMENT SERVICES

SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):

Copy of current business license is required to be attached to this document.

2. My tax identification number is: ~9=5~-3=1=3~14~4""1 ______ _ ADDENDA ACKNOWLEDGMENT:

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # _ 1 ______ is/are hereby acknowledged.

RFP #04-14

Page 16 of 40 ends

Palm Springs City CouncilFebruary 24, 2022

Palm Springs City Council
February 24, 2022