Tuesday, November 1, 2022
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org
SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:
Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Christie Cromeenes, District 5 - Anthony Rocha, District 6 Steven S. Carrigan, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final
City Council Meeting Agenda - Final November 1, 2022
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may view the meeting on television and/or online and may participate in-person in the Council Chamber.
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attended the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.
PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.
GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered.
PRESENTATION
Councilmember comments on presentations are generally limited to three minutes.
Senator Anna M. Caballero's 2022 Young Legislators Program
CONSIDERATION
ID#22-602 Project Funding from FY 2022 Available Fund Balance Recommendation: Approve a Resolution allocating $10,000,000 from the FY 2022 Available Fund Balance for various priority projects in need of funding.
CONSENT AGENDA
All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote.
ID#22-611 Minutes
Recommendation: Approve minutes of October 18, 2022.
City of Salinas Page 2 Printed on 10/26/2022
City Council Meeting Agenda - Final November 1, 2022
ID#22-606 Financial Claims
Recommendation: Approve Financial Claims Report.
ID#22-588 Monterey Street Parking Garage Management Agreement Amendment No. 2 Recommendation: Approve a Resolution approving Amendment No. 2 to the Agreement for Professional Services with LAZ Parking California, LLC for the management of the Monterey Street Garage, and an increase of up to $355,000.00 per year for the agreement with LAZ Parking California, LLC, and use of Downtown Parking District (6801) enterprise fund balance for the continued management of the Monterey Street Garage.
ID#22-591 Amended and Restated Agreement with Dudek for preparation of Urban Forestry Management
Recommendation: Approve a Resolution approving an Amended and Restated Agreement in the amount of $142,800 with Dudek for the preparation of an Urban Forest Master Plan.
ID#22-595 Amended Agreement with MJ Communications for Fire Station Security Camera Systems
Recommendation: Approve a Resolution amending the Agreement in an amount not to exceed $161,765.10 between the City of Salinas and MJ Communications for installation of Verkada Security Camera Systems at all Salinas Fire Stations.
ID#22-596 Surplus Vehicles and equipment for Disposition Recommendation: Approve a Resolution declaring vehicles and equipment surplus and authorizing their disposal through auction or recycling.
ID#22-597 Modification to Classification - Salary Schedule Recommendation: Approve a Resolution to include the addition of the Homeless Services Manager classification to the Classification - Salary Schedule. The position was added to the approved workforce for the Community Development Department during the FY 22-23 budget process.
COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.
CLOSED SESSION
Receive public communications from the audience on Closed session items.
The City Council will recess to closed session pursuant to:
ID#22-594 a. Pending Litigation - California Government Code Section §54956.9(d)(1), conference with legal counsel regarding, Jane Doe v. City of Salinas, Monterey County Superior Court Case No. 21CV003287.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
City of Salinas Page 3 Printed on 10/26/2022
City Council Meeting Agenda - Final November 1, 2022
c. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340. d. Labor Negotiations - California Government Code section 54957.6, with its designated labor representatives Steven S. Carrigan, City Manager; Jim Pia, Assistant City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Mark Roberts, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential Non-Management Employees.
e. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager).
f. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney).
ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk
AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2, unless otherwise allowed under the Brown Act. City Council agenda item reports may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org via the hyperlinks provided on the agenda. The City Council may take action that is different than the proposed action reflected on the agenda.
Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.
PUBLIC NOTIFICATION
City of Salinas Page 4 Printed on 10/26/2022
City Council Meeting Agenda - Final November 1, 2022
This agenda was posted on Wednesday, October 26, 2022 at the City Clerk’s Office, in the Council Rotunda, and the City's website.
Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx and televised live on Channel 25 at 4 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on the Wednesday, Friday, Saturday and Monday following the meeting. For the most up-to-the-minute Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/salinas25. Recent City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.
City of Salinas Page 5 Printed on 10/26/2022
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-602, Version: 1
Project Funding from FY 2022 Available Fund Balance
Approve a Resolution allocating $10,000,000 from the FY 2022 Available Fund Balance for various priority projects in need of funding.
City of Salinas Page 1 of 1 Printed on 10/26/2022
powered by Legistar™
Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: NOVEMBER 1, 2022
DEPARTMENT: ADMINISTRATION
FINANCE
FROM: STEVEN S. CARRIGAN, CITY MANAGER
BY: MARK ROBERTS, FINANCE DIRECTOR
JIM PIA, ASSISTANT CITY MANAGER
TITLE: PROJECTS IDENTIFIED FOR AVAILABLE FUND BALANCE
RECOMMENDED MOTION:
Approve a Resolution 1) allocating up to $10 million dollars from the remaining combined FY 2022 available fund balance in the general funds for priority projects in need of funding, 2) authorizing the City Manager to determine to which fund(s) the projects will be appropriated, and 3) designating allocations for the projects as committed fund balance until spent.
BACKGROUND:
In January of this year, the Director of Finance identified accrued revenue of just over $20 million not previously included in the calculation of the City’s balance carried over from the previous fiscal year to the current fiscal year. In April 2022, the Council directed a portion of the balance carried over be allocated to augment the City’s reserves, including increasing contingency reserves to twelve percent (12%) of budgeted general fund operating expenditures. After this action, approximately $18 million in unreserved cash, now referred to as available fund balance, remained. On May 10, Council then directed allocation of $8.1 million dollars to build a recreation center in City Council District 5, leaving $10 million available for City Council discussion.
The City Manager worked with all Departments to identify vital City projects that are only partially funded, unfunded all together, or new needs that have been surfaced. The resulting attached list identifies staff’s recommendation of priority projects. The list was presented to the City’s Finance Committee on October 4, 2022, prior to this report to Council seeking final consideration.
CEQA CONSIDERATION:
Page | 2
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Any Council-determined allocation could support the City Council Strategic Plan in these areas:
Infrastructure and Environmental Sustainability
Public Safety
Effective and culturally responsive Government
Youth and seniors
FISCAL AND SUSTAINABILITY IMPACT:
This action would dedicate up to $10 million dollars from the combined FY 2022 available fund balance in the general funds for identified projects in need of funding.
ATTACHMENTS:
Resolution
PowerPoint of Available Fund Project list
Page | 3
RESOLUTION NO. _________ (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING THE ALLOCATION OF $10 MILLION DOLLARS FROM THE AVAILABLE FUND
BALANCE TO PROJECTS CHOSEN BY COUNCIL AT THE COUNCIL MEETING OF NOVEMBER 1, 2022
WHEREAS, the City of Salinas has a total of $10 Million identified in its Available Fund Balance; and
WHEREAS, City staff has identified priority projects at the Council meeting of November 1, 2022, for potential use of these available funds; and WHEREAS, the City Council has determined that these expenditures from the Available Fund Balance will assist efforts to fund vital projects for our Salinas community, residents, and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that after analyzing the various options for the available fund balance, the expenditure plan of up to $10 million dollars for these projects is hereby approved; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF SALINAS that the City Manager is authorized to designate to which fund(s) the projects will be appropriated; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF SALINAS that allocations for the projects shall be designated as committed fund balance until spent.
PASSED AND APPROVED this 1
st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________________
Kimbley Craig, Mayor
Page | 4
ATTEST:
______________________________
Patricia M. Barajas, City Clerk
CITY O F SALINAS
Available Fund Balance
($10 million available)
Recommended Projects: (ranked)
1. Industrial Wastewater Treatment Facility - $1 million
2. Boronda Road, Phase 1 - $5.5 million
3. Future Growth Area, Fire Station Land Acquisition - $1.75 million
4. Traffic Calming Projects - $1 million
5. Salinas Valley Promise - $177,000
6. Closter Park Building Improvements - $300,000
7. Arts Commission - $100,000
8. CARR Lake Park - $173,000 (median development, Big Sur Land Trust) 2 Recommendation
Adopt a Resolution allocating $10 million dollars from the remaining FY 2022 Available Fund Balance for priority projects in need of funding. 3 Questions?
4 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-611, Version: 1
Minutes
Approve minutes of October 18, 2022.
City of Salinas Page 1 of 1 Printed on 10/26/2022
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-606, Version: 1
Financial Claims
Approve Financial Claims Report.
City of Salinas Page 1 of 1 Printed on 10/26/2022
powered by Legistar™
Number Date Status
Transaction
Amount
461931 10/18/2022 Open $189.00
461932 10/18/2022 Open $288.00
461933 10/18/2022 Open $321.38
461934 10/18/2022 Open $128.86
461935 10/18/2022 Open $182.00
461936 10/18/2022 Open $30.50
461937 10/18/2022 Open $51.00
461938 10/18/2022 Open $338.66
461939 10/18/2022 Open $415.46
461940 10/18/2022 Open $437.23
461941 10/18/2022 Open $6,923.85
461942 10/18/2022 Open $1,233.25
461943 10/18/2022 Open $1,270.75
461944 10/18/2022 Open $189.41
461945 10/18/2022 Open $170.00
461946 10/18/2022 Open $969.40
461947 10/18/2022 Open $601.72
461948 10/18/2022 Open $13.82
461949 10/18/2022 Open $168.13
461950 10/18/2022 Open $7,727.74
461951 10/18/2022 Open $119.70
461952 10/18/2022 Open $21.99
461953 10/18/2022 Open $123,759.35
461954 10/18/2022 Open $2,253.60
461955 10/18/2022 Open $744.46
461956 10/18/2022 Open $169.95
461957 10/18/2022 Open $8,563.97
461958 10/18/2022 Open $26,434.69
461959 10/18/2022 Open $14,121.00
461960 10/18/2022 Open $936.00
461961 10/18/2022 Open $1,517.70
461962 10/18/2022 Open $1,650.00
461963 10/18/2022 Open $2,548.71
461964 10/18/2022 Open $905.79
461965 10/18/2022 Open $16,661.72
461966 10/18/2022 Open $733.00
461967 10/18/2022 Open $607.06
461968 10/18/2022 Open $617.06
461969 10/18/2022 Open $524.40
461970 10/18/2022 Open $567.57
461971 10/18/2022 Open $73.50
461972 10/18/2022 Open Denise Ledezma Petty Cash $91.99 Consolidated Electrical Distributors, Inc.
CSC Of Salinas
Dataflow Business Systems Inc
Colantuono, Highsmith & Whatley, PC
Comcast (Business)
Comcast (Business)
CMS Communication Inc
Coast Automotive Warehouse Inc
Coastal Tractor
Charlie D. Zarza
Cintas
City Data Services
CDW-G
Central Coast Center For Independent
Central Coast YMCA
California Building Standards Commission
California Water Service
Cathy's Action Packed Fun Jumps Inc
AT&T Mobility
AT&T Mobility
Bear Electrical Solutions Inc
Asap Alisal Signs And Printing
AT and T
AT&T Mobility
Ana Rueda De Vidales dba J.A.V. Language Solutions
AP Triton, LLC
Aramark Uniform & Career Apparel Group, Inc
Alhambra and Sierra Spring DS Waters of America LP
Amazon.Com
American Supply Company
Sean Schmidt
72 Hour LLC dba Chevrolet of Watsonville/National
Airgas, Inc dba Airgas USA, LLC
Michael Gomez
Ronald Patterson
Scott Sutton
Kimbley Craig
Maria Avila
Martha Guizar
General Account - General Account
Check
Bryan Cupak
Ian Kile
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
user: Josephine Fernandez Pages: 1 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
461973 10/18/2022 Open $13,949.90
461974 10/18/2022 Open $861.00
461975 10/18/2022 Open $4,990.00
461976 10/18/2022 Open $86.99
461977 10/18/2022 Open $490.00
461978 10/18/2022 Open $10,467.95
461979 10/18/2022 Open $518.06
461980 10/18/2022 Open $308.75
461981 10/18/2022 Open $19,900.00
461982 10/18/2022 Open $345.70
461983 10/18/2022 Open $335.30
461984 10/18/2022 Open $32.38
461985 10/18/2022 Open $200.00
461986 10/18/2022 Open $6,275.52
461987 10/18/2022 Open $14.25
461988 10/18/2022 Open $11,039.43
461989 10/18/2022 Open $275.00
461990 10/18/2022 Open $7,135.40
461991 10/18/2022 Open $474.73
461992 10/18/2022 Open $4,365.64
461993 10/18/2022 Open $950.00
461994 10/18/2022 Open $36,586.94
461995 10/18/2022 Open $20,446.79
461996 10/18/2022 Open $1,298.14
461997 10/18/2022 Open $284.95
461998 10/18/2022 Open $10,835.00
461999 10/18/2022 Open $2,443.01
462000 10/18/2022 Open $11,965.00
462001 10/18/2022 Open $347.53
462002 10/18/2022 Open $142.00
462003 10/18/2022 Open $1,904.57
462004 10/18/2022 Open $750.00
462005 10/18/2022 Open $160.20
462006 10/18/2022 Open $944.21
462007 10/18/2022 Open $606.87
462008 10/18/2022 Open $120.00
462009 10/18/2022 Open $13,859.69
462010 10/18/2022 Open $32,672.00
462011 10/18/2022 Open $33.85
462012 10/18/2022 Open $4,290.00
462013 10/18/2022 Open $5,090.61
462014 10/18/2022 Open L.N. Curtis & Sons $18,700.52
Kelly-Moore Paint Company
KRM Apartment Rentals LLC dba KRM Enterprises
Krueger International, Inc
Johnson Electronics
K-Log, Inc
Karla's Janitorial & Suppliers, LLC
Jesse And Evan Inc dba La Plaza Bakery
Joaquin Vasquez Dba Rose Backflow Services
Johnson Associates
Interactive Data, LLC dba IDI
Interstate Battery System Inc
Jensco Inc Dba J M Electric
Home Depot Credit Services
Housing Authority of the County of Monterey
Ingram Book Company
HD Supply White Cap Construction Supply
Heidi Niggemeyer
Hemi's Landscaping and Concrete Inc
Goldfarb and Lipman
Ground Zero Analysis, Inc
Harris and Associates
Gold Star Motors dba Gold Star Buick GMC
Golden State Emergency Vehicle Service Inc
Golden State Truck and Trailer Repair
G2Solutions, Inc
Glasswork by Design
Global Water Technology, Inc
Fed Ex
First Alarm Wellness A Family Counseling Corporati
Fritel and Associates LLC dba Diversified Product
Environmental Systems, Inc of Northern California
Extra Space Management Inc
Extra Space Management Inc
Eden Council for Hope and Opportunity
Edges Electrical Group, LLC
Edilcia Perez dba Ella Fitness
Dilbeck And Sons
Direct TV LLC
Don Chapin Inc
Department Of Conservation
Department Of Justice
user: Josephine Fernandez Pages: 2 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462015 10/18/2022 Open $563.73
462016 10/18/2022 Open $3,583.86
462017 10/18/2022 Open $151.57
462018 10/18/2022 Open $217.41
462019 10/18/2022 Open $4,160.00
462020 10/18/2022 Open $63,625.67
462021 10/18/2022 Open $31,250.00
462022 10/18/2022 Open $16,647.14
462023 10/18/2022 Open $900.00
462024 10/18/2022 Open $1,518.75
462025 10/18/2022 Open $256.79
462026 10/18/2022 Open $2,500.00
462027 10/18/2022 Open $448.37
462028 10/18/2022 Open $1,240.00
462029 10/18/2022 Open $590.61
462030 10/18/2022 Open $666.40
462031 10/18/2022 Open $2,439.36
462032 10/18/2022 Open $2,510.93
462033 10/18/2022 Open $3,317.53
462034 10/18/2022 Open $390.26
462035 10/18/2022 Open $1,758.00
462036 10/18/2022 Open $10,905.00
462037 10/18/2022 Open $101,822.26
462038 10/18/2022 Open $130.00
462039 10/18/2022 Open $49,005.75
462040 10/18/2022 Open $358.95
462041 10/18/2022 Open $3,404.00
462042 10/18/2022 Open $1,230.00
462043 10/18/2022 Open $87,638.86
462044 10/18/2022 Open $1,217.21
462045 10/18/2022 Open $1,604.16
462046 10/18/2022 Open $181.00
462047 10/18/2022 Open $546.02
462048 10/18/2022 Open $156.45
462049 10/18/2022 Open $35,612.44
462050 10/18/2022 Open $35,612.44
462051 10/18/2022 Open $139.95
462052 10/18/2022 Open $2,488.95
462053 10/18/2022 Open $45.00
462054 10/18/2022 Open $381.71
462055 10/18/2022 Open $530.13
462056 10/18/2022 Open Shaw HR Consulting Inc $87.50
Same Day Shred
San Lorenzo Lumber
Scott's PPE and Recon
Salinas Toyota
Salinas Valley Ford Inc
Salinas Valley Solid Waste Authority
S & L Investments dba Salinas Valley ProSquad
Salinas Toyota
Salinas Toyota
Republic Services of Salinas
Republic Services of Salinas
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
R&R Technologies, Inc. dba VehicleCounts.com
R3 Consulting Group, Inc.
RDO Equipment Company
Preferred Alliance Inc.
Premier Builders, Inc.
Pure Water
Pinnacle Medical Group Inc dba Pinnacle Healthcare
Pinnacle Medical Group Inc dba Pinnacle Healthcare
PNC Equipment Finance, LLC
Pacific Gas and Electric Company
Pacific Truck Parts Inc
Pape Machinery, Inc.
O'Reilly Auto Parts
Office Depot Business Service Division
One Workplace L Ferrari, LLC dba Peninsula Busines
NetFile Inc
Nixon-Egli Equipment Company
NPG of Monterey-Salinas CA LLC dba KION NION KMUV
Monterra Ranch Of Monterey Home Owner's Associatio
Municipal Resource Group LLC
My Jeep
Monterey County Convention And Visitors Bureau
Monterey County Office of Education
Monterey County Tax Collector
Mackay Motor Parts, Inc dba Napa Auto Parts
Mitchell 1
MNS Engineers, Inc
La Papa DP, Inc dba La Papa Baked Potatoes
Laurel Conte dba Conte's Generator Services
user: Josephine Fernandez Pages: 3 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462057 10/18/2022 Open $1,923.56
462058 10/18/2022 Open $1,659.01
462059 10/18/2022 Open $7,375.90
462060 10/18/2022 Open $493.67
462061 10/18/2022 Open $103,811.67
462062 10/18/2022 Open $1,744.14
462063 10/18/2022 Open $899.17
462064 10/18/2022 Open $400.45
462065 10/18/2022 Open $180.00
462066 10/18/2022 Open $918.10
462067 10/18/2022 Open $10,000.00
462068 10/18/2022 Open $2,688.87
462069 10/18/2022 Open $8,417.06
462070 10/18/2022 Open $146.00
462071 10/18/2022 Open $17,519.07
462072 10/18/2022 Open $125.43
462073 10/18/2022 Open $76,125.97
462074 10/18/2022 Open $678.44
462075 10/18/2022 Open $892.99
462076 10/18/2022 Open $14,800.00
462077 10/18/2022 Open $50.00
462078 10/18/2022 Open $1,195.48
462079 10/18/2022 Open $866.93
462080 10/18/2022 Open $893.81
462081 10/18/2022 Open $624.35
462082 10/18/2022 Open $1,921.53
462083 10/18/2022 Open $16,534.96
462084 10/18/2022 Open $232.61
462085 10/18/2022 Open $28.77
462086 10/18/2022 Open $1,454.58
462087 10/18/2022 Open $3,676.00
462088 10/18/2022 Open $1,986.12
462089 10/18/2022 Open $64.09
462090 10/18/2022 Open $275.43
462091 10/18/2022 Open $65.00
462092 10/25/2022 Open $24,170.00
462093 10/25/2022 Open $2,113.74
462094 10/25/2022 Open $13,745.27
462095 10/25/2022 Open $721.10
462096 10/25/2022 Open $2,016.65
462097 10/25/2022 Open $637.74
462098 10/25/2022 Open Aramark Uniform & Career Apparel Group, Inc $645.23 Amazon.Com
American Supply Company
Applied Maintenance Supplies & Solutions LLC
ABAG Power Purchasing Pool
Acme Car Wash (William Pierce Inc)
Alco Water
Worldpac
Salinas City Elementary School District
Susana Rocha
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Williams Ranch Housing Partners, LP
Witmer Associates Inc
Wallace Group A California Corporation
Walmart c/o Capitol One
WCAF, LLC dba Watsonville Ford
Verizon Wireless
Verizon Wireless
Voyager
Verizon Wireless
Verizon Wireless
Verizon Wireless
Valley Fabrication Inc
Venissa Rosa
Veritone, Inc
U.S. Bank National Association ND
United Parcel Service
University Corporation at Monterey Bay
Tiffanys Body Shop
Tina La Perle
Tri County Fire Protection
Target Pest Control
The Automotive Training Group, Inc.
The Pun Group, LLP
Stommel Inc dba Lehr
Sturdy Oil Company
Sunlite Auto Glass, Inc
Silver and Wright LLP
Smart and Final Iris
Smith and Enright Landscaping
Shawn Miguel Russell dba Russell Investigations
Sid Tool Co., Inc dba MSC Industrial Supply Co
user: Josephine Fernandez Pages: 4 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462099 10/25/2022 Open $13.82
462100 10/25/2022 Open $10,582.34
462101 10/25/2022 Open $237.25
462102 10/25/2022 Open $182.11
462103 10/25/2022 Open $160,158.00
462104 10/25/2022 Open $3,190.00
462105 10/25/2022 Open $750.00
462106 10/25/2022 Open $22,500.00
462107 10/25/2022 Open $26,886.41
462108 10/25/2022 Open $5,000.00
462109 10/25/2022 Open $1,374.04
462110 10/25/2022 Open $54,172.45
462111 10/25/2022 Open $5,737.55
462112 10/25/2022 Open $883.72
462113 10/25/2022 Open $27,017.16
462114 10/25/2022 Open $5,792.35
462115 10/25/2022 Open $1,737.62
462116 10/25/2022 Open $2,876.25
462117 10/25/2022 Open $19,911.91
462118 10/25/2022 Open $950.06
462119 10/25/2022 Open $296.08
462120 10/25/2022 Open $2,896.20
462121 10/25/2022 Open $575.50
462122 10/25/2022 Open $4,868.64
462123 10/25/2022 Open $107.07
462124 10/25/2022 Open $217.32
462125 10/25/2022 Open $9,000.00
462126 10/25/2022 Open $132.61
462127 10/25/2022 Open $1,500.00
462128 10/25/2022 Open $5,844.15
462129 10/25/2022 Open $9,548.65
462130 10/25/2022 Open $56,175.42
462131 10/25/2022 Open $9,332.63
462132 10/25/2022 Open $21.22
462133 10/25/2022 Open $3,308.00
462134 10/25/2022 Open $57,178.00
462135 10/25/2022 Open $612.65
462136 10/25/2022 Open $346.68
462137 10/25/2022 Open $20.78
462138 10/25/2022 Open $82.69
462139 10/25/2022 Open $4,384.06
462140 10/25/2022 Open Glasswork by Design $1,739.99
Fed Ex
Ferguson US Hodings, Inc dba Ferguson Enterprises
First Alarm Security & Patrol Inc dba An Allied Un
Environmental Systems, Inc of Northern California
Evident
Fastenal Company
Eden Council for Hope and Opportunity
Elmer's Auto Parts
Environmental Resources Center Inc
Downtown Streets, Inc
East Bay Tire Company
Ecology Action of Santa Cruz
Dataworks Plus LLC
Discount School Supply
Division Of The State Architect
Condor Security Of America Inc
Consolidated Electrical Distributors, Inc.
CSC Of Salinas
Colantuono, Highsmith & Whatley, PC
Comcast (Business)
Comcast (Business)
ClientFirst Consulting Group, LLC dba ClientFirst
CMP-1, Llc dba Laurel Tree Apartment Homes
Coast Automotive Warehouse Inc
CDW-G
Central Coast Center For Independent
Cintas
California Water Service
Carahsoft Technology Corporation
Catholic Charities of the Diocese of Monterey
BrightView Landscape Services, Inc
California Rodeo Inc
California Water Service
BJL Properties IV LCC
Borchard Farms
Brandon Wright dba Centricity GIS, LLC
AT&T Mobility
Bearing Engineering Company
Benitez Security Services, Inc
Asap Alisal Signs And Printing
Assured Aggregates Company Inc
user: Josephine Fernandez Pages: 5 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462141 10/25/2022 Open $1,887.00
462142 10/25/2022 Open $31,531.39
462143 10/25/2022 Open $183.54
462144 10/25/2022 Open $10,395.00
462145 10/25/2022 Open $2,179.36
462146 10/25/2022 Open $62.24
462147 10/25/2022 Open $2,293.87
462148 10/25/2022 Open $325.00
462149 10/25/2022 Open $6,797.98
462150 10/25/2022 Open $150.00
462151 10/25/2022 Open $100.00
462152 10/25/2022 Open $340.82
462153 10/25/2022 Open $3,752.81
462154 10/25/2022 Open $109.29
462155 10/25/2022 Open $74.38
462156 10/25/2022 Open $181.85
462157 10/25/2022 Open $3,525.60
462158 10/25/2022 Open $889.30
462159 10/25/2022 Open $2,000.00
462160 10/25/2022 Open $8,567.00
462161 10/25/2022 Open $815.11
462162 10/25/2022 Open $597.86
462163 10/25/2022 Open $2,560.00
462164 10/25/2022 Open $158.00
462165 10/25/2022 Open $158.00
462166 10/25/2022 Open $3,008.00
462167 10/25/2022 Open $346.60
462168 10/25/2022 Open $790.39
462169 10/25/2022 Open $130.00
462170 10/25/2022 Open $7,469.47
462171 10/25/2022 Open $91,731.09
462172 10/25/2022 Open $3,516.77
462173 10/25/2022 Open $975.00
462174 10/25/2022 Open $2,986.90
462175 10/25/2022 Open $139.39
462176 10/25/2022 Open $88.50
462177 10/25/2022 Open $108.16
462178 10/25/2022 Open $572.34
462179 10/25/2022 Open $580.93
462180 10/25/2022 Open $2,850.33
462181 10/25/2022 Open $7,971.20
462182 10/25/2022 Open Ruth Maria Milla-Leon dba Andersen's Lock & Safe $999.24 Republic Services of Salinas
Republic Services, Inc dba Allied Waste Services
Rocket Software, Inc
Quality Water Enterprises
Rent-A-Fence.com, Inc
Republic Services of Salinas
Pedro C Estrada Dba Estrada Janitorial Service
Professional Police Supply, Inc dba Adamson Police
Protel Communications, Inc dba Protelesis Corporat
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
My Jeep
Office Depot Business Service Division
Pacific Crest Engineering Inc.
Monterey County Weekly
Monterey County Weekly
MP 21 Soledad Street, L.P.
Long Valley Leasing
MCSI Water Systems Management
Midwest Tape, LLC dba Midwest Tape
L.N. Curtis & Sons
Leon De Asis
Lexipol LLC
Kanco Inc. / Mighty Auto Parts
Kelly-Moore Paint Company
Kosmont & Associates, Inc. dba Kosmont Companies
Jimenez Autobody Parts, Inc dba C & J Auto Parts
Joaquin Vasquez Dba Rose Backflow Services
Johnson Associates
Interim Inc
Isaac Garcia
Jacqueline Pacelli
Hydro Turf
Ingram Book Company
Institute of Transportation Engineers, Inc.
Granite Rock Co
Hemi's Landscaping and Concrete Inc
Home Depot Credit Services
Goldfarb and Lipman
Granite Construction Company
user: Josephine Fernandez Pages: 6 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462183 10/25/2022 Open $327.71
462184 10/25/2022 Open $56,943.30
462185 10/25/2022 Open $1,419.38
462186 10/25/2022 Open $178.04
462187 10/25/2022 Open $6,063.00
462188 10/25/2022 Open $80,944.26
462189 10/25/2022 Open $910.57
462190 10/25/2022 Open $145.00
462191 10/25/2022 Open $459.05
462192 10/25/2022 Open $250.00
462193 10/25/2022 Open $890.39
462194 10/25/2022 Open $65.00
462195 10/25/2022 Open $8,253.00
462196 10/25/2022 Open $8,844.00
462197 10/25/2022 Open $43,635.52
462198 10/25/2022 Open $49.73
462199 10/25/2022 Open $332.00
462200 10/25/2022 Open $516.41
462201 10/25/2022 Open $852.00
462202 10/25/2022 Open $1,265.74
462203 10/25/2022 Open $263.10
462204 10/25/2022 Open $387.92
462205 10/25/2022 Open $2,102.00
462206 10/25/2022 Open $908.37
462207 10/25/2022 Open $1,579.99
462208 10/25/2022 Open $1,900.00
462209 10/25/2022 Open $1,981.27
462210 10/25/2022 Open $213.28
462211 10/25/2022 Open $200.00
462212 10/25/2022 Open $339.78
462213 10/25/2022 Open $655.70
462214 10/25/2022 Open $36.00
462215 10/25/2022 Open $113.75
462216 10/25/2022 Open $51.00
462217 10/25/2022 Open $294.00
462218 10/25/2022 Open $222.00
462219 10/25/2022 Open $127.00
462220 10/25/2022 Open $113.75
462221 10/25/2022 Open $190.00
462222 10/25/2022 Open $36.00
462223 10/25/2022 Open $337.76
462224 10/25/2022 Open Kellie Mellow $51.00
Jason Gates
Johnathan Flores
Juan Jimenez
Dionna Lucas
Gabriel Gonzalez
James Arensdorf
Brian Johnson
Cameron Murphy
Christopher Neff
Worldpac
Ana Ambriz
Andres Torres
WCAF, LLC dba Watsonville Ford
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
William Stallcup
Wallace Group A California Corporation
Walmart c/o Capitol One
Watry Design, Inc
Vision Service Plan
W W Grainger Inc
Wald, Ruhnke & Dost Architects, LLP
Valley Saw Shop
Vals Plumbing and Heating Inc
Vegetable Growers Supply Company
U.S. Bank National Association ND
United Parcel Service
US Postmaster
Tri County Fire Protection
Tynan Village LP dba Tynan Village Apartments
Tynan Village LP dba Tynan Village Apartments
The Automotive Training Group, Inc.
The Bank Of New York Mellon
Tri County Concrete and Supply, Inc
Sturdy Oil Company
TALX UC Express
Target Pest Control
Shawn Miguel Russell dba Russell Investigations
Smart and Final Iris
Somach Simmons & Dunn
S & L Investments dba Salinas Valley ProSquad
Save The Whales
user: Josephine Fernandez Pages: 7 of 8 Tuesday, October 25, 2022 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/12/2022 - To Payment Date: 10/25/2022 Payee Name
462225 10/25/2022 Open $294.00
462226 10/25/2022 Open $51.00
462227 10/25/2022 Open $194.63
462228 10/25/2022 Open $17.50
462229 10/25/2022 Open $127.00
462230 10/25/2022 Open $190.00
462231 10/25/2022 Open $190.00
462232 10/25/2022 Open $138.00
462233 10/25/2022 Open $222.00
462234 10/25/2022 Open $1,104.00
$2,217,341.29
General Account - General Account Totals
Victor Cortina
Alameda County Sheriff's Department
Type Check Totals:
Robert Zuniga
Steven Hoyte
Tanya Crawford
Megan Hunter
Michael Gomez
Pedro Gomez
Manuel Lopez
Martina Byler
user: Josephine Fernandez Pages: 8 of 8 Tuesday, October 25, 2022 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-588, Version: 1
Monterey Street Parking Garage Management Agreement Amendment No. 2 Approve a Resolution approving Amendment No. 2 to the Agreement for Professional Services with LAZ Parking California, LLC for the management of the Monterey Street Garage, and an increase of up to $355,000.00 per year for the agreement with LAZ Parking California, LLC, and use of Downtown Parking District (6801) enterprise fund balance for the continued management of the Monterey Street Garage.
City of Salinas Page 1 of 1 Printed on 10/26/2022
powered by Legistar™
Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: NOVEMBER 1, 2022
DEPARTMENT: PUBLIC WORKS, TRANSPORTATION & TRAFFIC DIVISION FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: ANDREW EASTERLING, TRAFFIC ENGINEER
TITLE: MONTEREY STREET PARKING GARAGE MANAGEMENT
AGREEMENT AMENDMENT NO. 2
RECOMMENDED MOTION:
A motion to approve a Resolution 1) approving Amendment No. 2 to the Agreement for Professional Services between the City of Salinas and LAZ Parking California, LLC for the management of the Monterey Street Garage, and an increase of up to $355,000.00 per year for the agreement with LAZ Parking California, LLC, and use of Downtown Parking District (6801) enterprise fund balance for the continued management of the Monterey Street Garage; 2) authorizing a transfer of up to $30,000 from the General Fund to the Downtown Parking District Fund; and 3) authorizing an increase of the Downtown Parking District Fund appropriation of up to $100,000.
BACKGROUND:
The City approved an agreement (Attachment 2) with LAZ Parking California, LLC (Laz Parking, henceforth in this report) in November 2018 for the management of the Monterey Street Parking Garage at a cost of $280,039 annually. The award allowed the City to control costs at a fixed amount for two years while seeking rate changes that would improve the overall fiscal health of the Downtown Parking District. LAZ Parking has been a good partner to the City providing a more personal service to downtown customers and working with the City through the proposed rate changes, validation program and communication with customers. They have worked to accommodate special parking needs associated with events on Main Street. They have extended opening hours when Maya Cinema has late showings of blockbuster films that allowed movie patrons to retrieve their vehicles safely at the garage. Throughout, the company has been able to provide downtown visitors the services of a staffed garage including answering questions and providing directions for downtown visitors.
LAZ Parking staff ensure equipment (ticket machines, gates, elevators, bathrooms) are in operating order. They ensure supplies necessary for the operation of the garage are stocked (parking passes, signs, cones, etc.) They open and close the garage daily for business, ensure the garage is clean and secure for customers. LAZ Parking staff handles routine maintenance needs of a working garage and informs city staff of larger maintenance issues.
Page | 2
On December 8th, 2020, the City approved an amendment to the agreement for the management of the Monterey Street Parking Garage (Attachment 3). The amendment extended the agreement through December 31, 2024. Additionally in response to the pandemic and concerns of reduced downtown activity and parking demand, the amendment also reduced the hour of operations and annual cost not to exceed to $259,186,16. However concerns of the pandemic may have over estimated impacts to downtown parking and throughout 2021 and 2022 downtown activity and transient parking has increased. According to LAZ Parking the increased parking demand has resulted in the need for additional parking staff.
LAZ Parking agreed to provide certain services in exchange for a set amount of compensation and the City did not require any performance bonds for this agreement. LAZ Parking has been submitting monthly invoices to the City for their services, and the City has been making payments in good faith. However, in August, 2022 it was recognized that LAZ’s invoices were forecasted to exceed the contract amount, and the City began disapproving invoices that appeared to be overbilling the City. In October an invoice was submitted for the month of September which exceeded the annual cost not to exceed budget. The City cannot pay any additional compensation unless the agreement can be amended. City staff and LAZ Parking have negotiated a potential amendment for LAZ Parking to continue providing management services for the Monterey Street Garage. The draft amendment No. 2 (Attachment 1) proposes increasing the annual cost not to exceed to $355,000 annually, and increase the hours of operation. The proposed new hours of operation would keep the garage open Monday-Friday 5:30am-2:00am, and Saturday-Sunday 8:00am-2:00am. The amendment also requires that LAZ Parking provide a performance bond equal to the annual contract price for the duration of the contract.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Continuing operations of the Monterey Street Parking Garage benefits the downtown business community that contributes to the City’s economic health. This action supports the Council’s goal of “Economic Development”.
DEPARTMENTAL COORDINATION:
Public Works manages the City’s parking enterprises toward sustainability. Public Works Maintenance staff oversee the operations of the parking garage. The Finance Department provide fiscal monitoring and reporting information for the parking district.
Page | 3
FISCAL AND SUSTAINABILITY IMPACT:
This action authorizes an increase of up to $355,000.00 per year for the agreement with LAZ Parking California, LLC, and use of Downtown Parking District (6801) enterprise fund balance for the continued management of the Monterey Street Garage.
The Salinas Plan identified the Downtown Parking Enterprise Fund as a structural deficit within the City’s operating budget. The Salinas Plan recommended increasing parking rates to eliminate this deficit. In 2019 City Council approved a Resolution to increase downtown offstreet parking rates incrementally between fiscal years 19/20-21/22. The final rates went into effect the beginning of this fiscal year. This was the first fiscal year where district revenues are currently on track to cover expenses, and the district is healthy. If approved, this action will increase the district expenses, exceeding the current revenues and will require continued subsidies from the General Fund to cover costs. The estimated impact to the General Fund is $30,000 per year.
ATTACHMENTS:
Resolution
Attachment 1: Amendment No. 2 to the Agreement for Professional Services between the City of Salinas and LAZ Parking California, LLC
Attachment 2: Agreement for Professional Services between the City of Salinas and LAZ Parking California, LLC
Attachment 3: Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and LAZ Parking California, LLC
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND LAZ
PARKING CALIFORNIA, LLC FOR THE MANAGEMENT OF THE MONTEREY STREET GARAGE, AND AN INCREASE OF UP TO $355,000.00 PER YEAR FOR THE
AGREEMENT WITH LAZ PARKING CALIFORNIA, LLC, AND USE OF
DOWNTOWN PARKING DISTRICT (6801) ENTERPRISE FUND BALANCE FOR THE CONTINUED MANAGEMENT OF THE MONTEREY STREET GARAGE.
WHEREAS, the City approved an agreement with Laz Parking California, LLC (Laz Parking, henceforth in this report) in November 2018 for the management of the Monterey Street Parking Garage at a cost of $280,039 annually; and
WHEREAS, on December 8th, 2020, the City approved an amendment to the agreement for the management of the Monterey Street Parking Garage; and WHEREAS, the amendment No. 1 reduced the hour of operations and annual cost not to exceed to $259,186,16, due to concerns that the pandemic would decrease downtown parking demand; and
WHEREAS, throughout 2021 and 2022 downtown activity and transient parking has increased, and according to LAZ Parking the increased parking demand has resulted in the need for additional parking staff; and
WHEREAS, LAZ’s monthly invoices are forecasted to exceed the contract amount to an annual cost of $355,000; and
WHEREAS, LAZ Parking agreed to provide certain services in exchange for a set amount of compensation and the City did not require any performance bonds for this agreement; and WHEREAS, City staff and LAZ Parking have negotiated a potential amendment for LAZ Parking to continue providing management services for the Monterey Street Garage; and WHEREAS, the draft amendment No. 2 (Attachment 1) proposes increasing the annual cost not to exceed to $355,000 annually, and increase the hours of operation; and WHEREAS, the City of Salinas has determined that amending the agreement for management of the Monterey Street Garage is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approve a Resolution approving Amendment No. 2 to the Agreement for Professional Services between the City of Salinas and Laz Parking California, LLC for the management of the Monterey Street Garage, and an increase of up to $355,000.00 per year for the agreement with LAZ Parking 2 California, LLC, and use of Downtown Parking District (6801) enterprise fund balance for the continued management of the Monterey Street Garage; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes a transfer of up to $30,000 from the General Fund to the Downtown Parking District Fund; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes an increase of the Downtown Parking District Fund appropriation of up to $100,000.
PASSED AND APPROVED this 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Version: January 2021
AGREEMENT -AMENDMENT NO. 2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND LAZ PARKING CALIFORNIA, LLC
This Amendment No. 2 to Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC (the “Amendment”) is entered into this ___ day of ________ 2022, by and between the City of Salinas (the "City") and LAZ Parking California, LLC, (the "Operator"). The City and Operator may be individually referred to herein as a "Party" and collectively the City and Operator may be referred to as the "Parties."
RECITALS
WHEREAS, the City and the Operator first entered into an Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC effective November 20th, 2018, pursuant to which Operator agreed to act as and provide certain services to the City for compensation (the "Agreement"); and WHEREAS, the City and the Operator amended the Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC on December 8th, 2020, to which the Operator agreed to extending the term through December 31, 2024, and reducing the annual compensation cost not to exceed stemming from speculation of the impacts from COVID-19 pandemic on demand for parking in the Monterey Street Garage (the “Amendment 1); and
WHEREAS, the City and the Operator desire to amend the Agreement. The impacts from the COVID-19 pandemic on downtown parking demand may have been overestimated. Transient Parking increased by 173% from 2020 to 2021 and 42% from 2021 to 2022. The increase in parking demand has resulted in the need for additional customer service and security.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, Section 3. Compensation is amended and restated in its entirety and replaced with the following:
3. Compensation: City hereby agrees to pay the Operator for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of or as set forth in Exhibit C. The total amount of compensation to be paid under this Agreement shall not exceed three hundred fifty-five thousand dollars ($355,000) per year (January to December).
2. The Amendment 1, Section 4. Payment is deleted in its entirety.
3. The Amendment 1, Attachment B- Draft Scope section, is amended and restated in its entirety as follows:
Attachment B-Scope of Work. City and Operator agree that the operator will schedule staff to keep the Monterey Street Garage open to the public during the hours of operations. The operator will provide services as set forth in this agreement during the Hours of Operation. The Hours of Operations shall be set as follows:
Monday-Friday 5:30am – 2:00am
Saturday-Sunday 8:00am – 2:00am
4. The Agreement’s (page 58 of 65) Attachment B, to the Exhibit E-Request for Proposals, Scope of Work section is hereby amended to reflect the Hours of Operation as defined in 3 above.
Version: January 2021
5. The operator shall provide a performance bond for the duration of the contract. A Performance Bond shall be in a sum equal to the annual contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
The Operator’s Performance Bond, may be in the form of a bond executed by an admitted surety insurer, made payable to the City in the form of the bonds in the Contract documents. The Power of attorney for the attorney-in-fact of the surety must be current, contain an authorization to bind for at least minimum dollar amount of the bond, and be attached to the bond. The signature of the attorney-in-fact must be notarized.
6. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Operator have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
LAZ PARKING CALIFORNIA, LLC
____________________________________
Printed name: ________________________
Title: ________________________________
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND LAZ
PARKING CALIFORNIA, LLC
RICH IN LAND I RICH IN VALUES
Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November 2018
Page I of65
Contents
RECITALS ..................................................................................................................................... 4 TERMS ............................................................................................................ ............................... 4
1. Scope of Service .................................................................................................................. 4
2. Term; Completion Schedule ................................................................................................ 4
3. Compensation ...................................................................... ......... ....................................... 4
4. Billing ....................................................................................... ........................................... 4
5. Meet & Confer ..................................................................................................................... 5
6. Additional Copies ................................................................................................................. 5
7. Responsibility of Operator ................................................................................................... 5
8. Responsibility of City .......................................................................................................... 5
9. Acceptance of Work Not a Release ..................................................................................... 6
10. Indemnification and Hold Harmless .................................................................................... 6
11. Insurance .............................................................................................................................. 6
12. Access to Records .......................................................................... ...................................... 6
13. Non-Assignability ........................................................................ ........................................ 6
14. Changes to Scope of Work .................................................................................................. 6
15. Ownership of Documents ......................................................................... ........................... 7
16. Termination .......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations ................................................................. 8
18. Exhibits Incorporated ........................................................................................................... 8
19. Independent Contractor ........................................................................................................ 8
20. Integration and Entire Agreement. ....................................................................................... 8
21. Jurisdiction and Venue ......................................................................................................... 8
22. Severability .......................................................................................................................... 8
23. Notices ........................................................................................... ...................................... 9
24. Nondiscrimination ................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings ............................................................................................................................ 10
27. Attorneys' Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ............ .................................................................... ...... .......... 10
29. Rights and Obligations Under Agreement. ..................................... ................................... 10
30. Licenses .............................................................................................................................. 10
31. Counterparts .......... ............................ ................................................................................. 10 Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
32. Legal Representation ......................................................................................................... 10
33. Joint Representation ........................................................................................................... 10
34. Warranty of Authority ........................................................................................................ 11
35. No Waiver of Rights . .................. ................. ...................................................................... 11 Exhibit A - Insurance Requirements ................................................................. ....................... 12 Exhibit B-Scope ofWork ........................................................................................................ 15 Exhibit C - Compensation ......................................................................................................... 39 Exhibit D - Labor Law Requirements ...................................................................................... 42 Exhibit E - Request for Proposals ............................................................................................ 44 Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND LAZ PARKING CALIFORNIA, LLC
This Agreement for Professional Services (the "Agreement" and/or "Contract") is made and entered into this 20TH day of November, 2018, between the City of Salinas, a California Charter city and municipal corporation (hereinafter "City"), and Laz Parking California, LLC, a Connecticut Limited Liability Company (hereinafter "Operator").
RECITALS
WHEREAS, Operator represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Operator is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Operator agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Operator's services are described in Exhibit B, attached hereto and incorporated herein by reference. Scope of work is further discussed in Request for Proposal (RFP) for Professional Services-Exhibit E.
2. Term; Completion Schedule. This Agreement shall commence on December 1, 2018 and shall terminate on November 30, 2020 unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Operator for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of or as set forth in Exhibit C. The total amount of compensation to be paid under this Agreement shall not exceed two hundred and eighty thousand and thirty-nine dollars ($280,039).
4. Billing. Operator shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Operator shall not bill City for duplicate services performed by more than one person. Operator's bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
Form: Professional Services Agreement v. July 2018
1.az Parking, California
November 2018
Page4 of65
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Operator's signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Operator submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Operator until thirty (30) days after a correct and complying invoice has been submitted by Operator. The City shall process undisputed portion immediately.
5. Meet & Confer: Operator agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Operator is required to furnish as part of the services under this Agreement, Operator shall provide such additional copies as are requested, and City shall compensate Operator for the actual costs related to the production of such copies by Operator.
7. Responsibility of Operator. By executing this Agreement, Operator agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Operator further agrees and represents to City that the Operator possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Operator to do and perform Operator's work. Operator further agrees and represents that Operator shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Operator pursuant to this Agreement, City shall:
(A) Assist Operator by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects.
Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Operator, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Operator. (C) Ray E. Corpuz, City Manager, or his designee, shall act as City's representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Operator's services. City may unilaterally change its representative upon notice to the Operator. (D) Give prompt written notice to Operator whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Operator from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Operator shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Operator's performance of work hereunder, including the performance of work of any of Operator's subcontractors or agents, or Operator's failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Operator shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Operator shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Operator by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Operator's usual and customary business hours.
Operator shall provide proper facilities to City's representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Operator. This Agreement is personal to Operator and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten ( 10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Operator shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Operator's rates shown in Exhibit C of this Agreement.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Upon agreement between City and Operator as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Operator shall constitute the Operator's notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City's behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Operator, as provided herein, for the services rendered by Operator in connection with which they were prepared. City agrees to hold harmless and indemnify the Operator against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Operator.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Operator, as follows:
(1) If in the City's opinion the conduct of the Operator is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Operator shall be entitled to payment of such amount as fairly compensates Operator for all work satisfactorily performed up to the date of termination based upon the Operator's rates shown in Exhibit C and/or Section 3 of this Agreement, except that:
shall:
(1) In the event of termination by the City for Operator's default, City shall deduct from the amount due Operator the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Operator are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another Operator(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Operator hereunder, Operator shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Operator (1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
provided to Operator or prepared by or for Operator or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Operator's delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Operator provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Operator pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws, including those outlined in Exhibit E, and any rules or regulations promulgated thereunder.
18. Exhibits lnco.-porated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Operator, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Operator expressly warrants not to represent, at any time or in any manner, that Operator is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Operator as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jw·isdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 20 I 8
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln A venue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln A venue
Salinas, California 93901
(B) Written notices to the Operator shall, until further notice by the Operator, be addressed to:
Rod Howery
Regional Vice President
LAZ Parking California, LLC
5901 Christie Avenue, Suite 202
Emeryville, CA 94608
(C) The execution of any such notices by the City Manager shall be effective as to Operator as if it were by resolution or order of the City Council, and Operator shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Operator shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Operator shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Operator warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Operator further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
that any conflict of interest should nevertheless hereinafter arise, Operator shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Operator further warrants its compliance with the Political Reform Act ( Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Operator as the result of Operator's performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Atto.rneys' Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys' fees in addition to such costs as may be allowed by the Court. City's attorneys' fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Operator expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Operator, its representatives, agents or subcontractors by federal, state or local law, Operator warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
Ray E. Corpuz, r.
City Manager
APPROVED AS TO FORM:
s7'christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
OPERATOR
/lffm=
Its: President, West Region
Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
( __
Exhibit A - Insurance Requirements
Insurance Requirements
Operator shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Operator, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability ("CGL"): Insurance Services Office Form ("ISO") CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Operator has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Operator maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Operator. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Operator including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Operator's insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms iflater revisions used).
Primary Coverage
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
For any claims related to this Agreement or the project described within this Agreement, the Operator's insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Operator's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Operator hereby grants to City a waiver of any right to subrogation which any insurer of said Operator may acquire against the City by virtue of the payment of any loss under such insurance.
Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Operator, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Operator to and approved by the City. At the option of the City, Operator shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Operator shall provide evidence satisfactory to the City guaranteeing payment oflosses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided/or at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Operator must purchase "extended reporting" coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Operator shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Operator's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Operator shall require and verify that all sub-Operators and/or subcontractors maintain insurance meeting all the requirements stated herein, and Operator shall ensure that Entity is an additional insured on insurance required from such sub-Operators and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Operator as specified shall in no way be interpreted as relieving Operator of its indemnification obligations or any responsibility whatsoever and the Operator may carry, at its own expense, such additional insurance as it deems necessary.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Exhibit B -Scope of Work
Scope of Work
1. Transition Tasks ( page 15 )
2. Scope of Work from Laz Parking Proposal (begins p 17) Form: Professional Services Agreement v. July 2018
l..az Parking, California
November 2018
TASK PERC!:NTAGE COMPl£T£D
s.u8t.m" OllAF'l JMHS,ln()."'O PlA"t
,QRCOl CERf CF l~fWCCE
- lCVtEWTRA.\1$,il lOOPV\,~/llN'..ELJ~ 1~ ill(>t!l" Cl;Y ~•,lH,\(ift,\{HT ~KIE.
IS!AJ!IJSH ! IMl'.UHU fOfl INTflMfWH4Ci fXl!,lfliG """5<)NN[L ~ NTU'T I.Al' lll.ANSliTlO:W T~
t~ FAt.Jt •Hf\ .t nt1ncr Drsc\JSS P,A$l0 & .sG."1-!iE
~1,.0CATIONMrJU.G[A
1·s-:-~H COOR UMLUN.ES
M!JJE.W l lTTUt Ot IKl ltOCUC-11~ .. --TO DJ$flNG O..,P\O''l"US I IJIUl11 >. 11~1 Of CONl""5-· IA! & OT!'Of SAUl<lS
~w sr.-.iF1NG SCHU>UC.CS fOA (M?lOYCCS
Ml.Vl~W Sf &I nun SOf [£RK.l$ f Oii h"A.-tAGUlVW"RV\SOlt$ DIKIM MlS'<TEN>.KCE ISSUC<
-W PIM'°" OfCI\UITl',IG t)IIS'IING t M"'°"HS
CSl'Alli&l 1llA..'tSfOOHW•"''S IICCO"MOOATIO:d
ON!f:Wn<(ORO(ML-.GOfSIJP91.tM<lV!P"'-U'1/l!<=IUS
l[Vll\\• t.tASc(rn:NG 9\.A.~
Rf-YiEWlRA."ll,lll'Qfi UM{Uh"'t
l.!t[T Wlllt UM itr !<ICD!Oj
IIWiWP'JIDr.1tf~WffHMJIC:«HJ11)f(i.~11W IM!>.Mff..,\
b5Ctm 1'1U.t.-mt(; "'-"OOntf:A 0 Al [S ,OR fA,t.."dfTION ~01 f1!(Al.ltt'llr;wor ~llMlUHf
IU~CM9l-OVl'.llll'.CRI.Sf'MlHl AKD()l'([f;KTATION'SfAfUS l tvt(W SUOCOl\,MCl'Ofl Slfi.TVS
o_'Vl(W SCHl!CVllHG
l[VJlWS.UPPUts & UHIIOAMS ti't.WtD
,it\r.(\vPtPO«tS ,u:o.uu1roDUWNG mANSJT10,...
ffl.\NSITIOff 11AM AAAN!S
~MEW Ol'CMATtOl<SITIWl UN!;/Ottausr
Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November2018
-.
Q.DOIC
- o.a,,,;
Q.01111;
CIDIII<
OJICI!'
oomo
o.oor.
Q.DOIC
0,0:,,,
·-- o.a,,,;
Q.DOIC
°'°"" OtlO)I
Q.DOIC
Q.01111;
0.CIOII
a.cos
a.cos
0.0:,,C
a.co,,:
oao,o
"-"""
000,:
O.IIO!<
°°"" uo,,;
Cl,00,t, "'°""
0.0:,,C
OWNER Of TASK NOID
IA2 •~Nl'l(ld:Sl!!d ..a tHK.-uo:i;m-!ofbr~-.fl"J"'~'tffltl, IA2
IAZ•<mOfSAIIIO.S
W - CIT'rOl'SAI.INAS
LAZ,.Or,Qf:~JN:AS
W:•CIT'r0f5AIJl'<A>
IA7 • CITY 05-.S,&IINA."
I.AZ,. CITY 01= ~LU'tA5,
W•CJTYOf'WINAS
1AZ • atY Of W ,INAS
IJll
LR •O'IY Of SAUNAS
IA2 • Cil'l Of SAUNAS
W•OffOfWlN'AS
lAl • CJN OF SAUH,\S
IAZ•ONOfSAllf<AS
W • cm0f5AONAS
W.• CJTY OF s,.:~
LA? ..6 0TY OI- SAUf(AS
IN.• 01'1 Of~- LA?-i~~·AIM
I.A:/ + CRY a. r.&alNA..\
lA,l4CJNQfWJHAS
W • Cffi'OOS,.,IKAS
LAZ,. QTYOf S,LUNAS
IJl2 ° cmOfSAl0<AS
UIZ•OT'ro<.....,.AS
UIZ • ClttO< SA<IO!AS
w . on Of SAUNAS
l,\Z
LAZ • O'l't Of SAUHAS
Transition
-Launch Meeting
-Set Meeting Cycle I-HR Process
-Define Team
-Define Roles/Resp.
-Finalize 30/60/90
Form: Professional Services Agreement v. July 2018
l.az Parking, California
November 2018
-Ops Process
-Compliance
-Materials/supp lies
-Equip ./Tech no logy
-Day 1: Execution
-Week 1: Adapt
-30 Day Review
-60 Day Review
-Long-term partner
Our Team
Monterey Street Garage Facility Manager , .
Andy Kapeghlan, Transition Manager
Ryan Dreisbach, Director of Operations
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Ivonne Hernandez, ProjMt Manager
Cindy Hefner, General Mana1er
4. WORK PLAN
LAZ Parking will provld~ efficient and profe<.slonal parking garage operations. Our goal ts to provide responsible, reliable garage operations and excellent customer service. As you will see throughoot this proposal, we are a qualified, professional and highly motivated firm that can perform parking garage operations for the City of Salinas. We will wor1< closely with the City's par1<1rli ~atlons staff.
Flsul Responsibilities
LAZ Parking will be responsible fOf the dally processing o1 deposits and expenses. Garage revenue wilt be accounted for separately from the expenses. "Revenue" for the purposes of this proposal, are those funds dfflved directly from the Garase as they relate to trans~nt parking fees and monthly permits.
Revenue and Audit Control, Cash Coll.c:tfon and IHposlt Proc.oor•s Cash Handlllli Procedures: LAZ Parking prepares comprehensive, timely, financial reports designed to provide our clients with the controls necessary to efficiently monitor their par1<lnj assets. Once revenue Is verified, It Is secured In the on-site s.,fe until It ts deposited In the bank. Aft~ the deposit Is made, the validated deposited slip is then attached to the completed shift report and placed with all tickets In a secured location in the management office. Included with the recefpt Is the number of tickets that were paid via credit card, cash tickets and validations. LAZ also has Implemented a web OCR system where dally cash revenue ls reported on a daily basis by management for your review.
Cash Controls: Revenue control, cash handling procedures and separation of duties will be critical to operations at the parking facilities. The Integrity of the revenues can only ~ done accurately by a very experienced company such as L.AZ Parking. We have the tools and procedures In ptace to ~t man* the property management's parking funds. Dally cash control procesS@S include many steps to ensure that every dollar is gettll"lj to the bank and Is accounted for properly. Below Is a step by step description of the pnx:esses and toots we will utilize daily to ensure tMt we have accountability for your revenue:
Cashier Reports are c~eted for every shift by the attendant on duty. The shift report captures the opening and closinj ticket number, the start and finish times of the attendant's shift, and operating chanj('. The attendant denotes the num~r of tickets processed, the amount of cash on hand, minus any missing tickets or over•rflljs. The attendant also accounts for the "bank," which she/he received at the beginning of the shift. The shift auditor rechecks all of the attendant's tkkets and paperwork before the dally c~koot form roll up Is completed. Any shortage or overage Is Investigated by the supervisor.
The cash deposit process ermires a consistent method for handling all monies received. During the day, an attendant Is responsible for "dropping" cash to prevent having more than $300 cash on hand. There is then a cash deposit pickup by shift managm to be brought to an electronic or biometric drop safe and deposited until the armoured car service picks up the dally deposil for Monterey Street Garage. In order to ensure that all revenues are reported and deposited accurately, the revenue control and separ a lion of duties system must be fully Integrated and all components must be comp(etely interfaced.
Cash 1,~nagernent, Dep~iL or Colle<.tiom, Dalty Reconciii;ition 11' The handling of cash and the reconciliation of cash 11nd credit card receipts and shift reports Is of paramount Importance. Our parking managers will perform these functions:
Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November 2018
4. WORK PLAN
G, In Ofdcr to minimize "exposed" cash, the parkini manaier will deposit cash Into a drop safe located at each location; this cash will be collected and deposited into a main drop safe by management for deltvery to the bank.
~ Receipts are reconciled and prepared for bank deposit by the administrative staff • typically during daytime business hours.
G, Each day LU Parklnt will perform a detailed reconciliation with the bank to verify and properly account for all parklrJi revenues.
~ Reporting provided by PARCS equipment will be reviewed by the manaaer and recooclled lo lhe cashier's reported transactions.
Cashier Process: A cash bank ts Issued to each camier at the start of the shift. The manager initials the "Bank Inspection Loa" lndicatlOK the amount the bank has Issued and to whom. The cashier has the option of countllli the money or assuming the liability wllhoot counting the money. During the shift, the cashier deposits into a two-key drop safe all cash in excm of the bank. The cashier places the cash to be pllt Into the safe in an envelope, notes the amount enclosed, then seals and Initials the envelope before deposltlna It Into the drop safe located In the cashier booth. At the end of the shift, the total revenue collected ts recor~ on the "Cashier Report FOC'm" with the fee reflster computer tape Identifying sales activity during the shift. When the cash bank Is relurned to the manager, the manager counts the money and Initials the "Bank Inspection Log" under the "returned" column. The completed report will include:
(P) Lane & Location Humber
~ Revenue Collection Date
~ Cashier Name
G, Shift Revenue (as reported by cashier)
(P) Deposit amount (as counted and recorded by cashier) (P) Over /Short Amounts
The cashier reports are given to the supervisor who reviews and signs all voided tickets. The supc,v1sor prepares a summary of all the cashier reports and uses this report in processli)i the daily pickup. The supervisor keeps one copy and forwards copies to the auditor for reconciliaUoo and verification. These are combined wtth the tickets and/or fee computer report. The auditor will verify the following:
(P) All void tickets have a valid explanation and a supervisor's signature. (P) Lost Tkket forms are prepared for all lost ttck~ts. ~ Rates are listed property on the report.
(P) Ticket counts are within the proper rate category.
(P) OpPning numbers on all meters match the closlnQ numbers from the prevlo~ shift. (P) Subtraction used to provide total exits for each meter Is correcl. (P) The shift totals from the register, reconciled to the recap total In the cashier report. (P) Any over /under rlnQs on the register are listed on lhe back of the cashier report. (P) The total transactions on the register tape equal the total ticket.son the cashier report. ~ Oro~ listed on cashier reports equal drops listed on Drop Recofl('.lltallon report. pMldng propo~,I Monle1ey Stu>(•f PMkln1: G,iril§ll', Salinas. CA , LAZ Parkin~ Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
Ticket Audit: An audit of the dally tkkets processed Is performed. This review once again verifies opening/closing ticket numbers and audits tkkets Issued versus tkkets returned. The tld<et auditor reviews a minimum 2S% of all tickets for processing accuracy. After the audit process, us~ tickets are locked In storage. Only management has access to the storage.
C0ft1)0Stte Report: This provides a full compilation of the day's cash collection activity, Including openi"Klclosl!li numbers, tickets returned, cars left on the lot and a breakdown of each catet(>ry of tldcet (I.e., no charge, cash, validated, etc.) for all cashier shifts In a 24 hour period per location.
Ticket Summary: This report Is used to analyze tickets In cat*rles of tkket types (cash, non-revenue, etc.). The form analyzes a period of one month and gives a review of the summary of ttdcets, Including trends of averaae ticket price, lost ticket percenta11es, number of voids, etc. This report greatly assists in tracking revenue trends by day and w~. showing anomalies that might rlffd to be addres.sed.
Cashier summary: Th1s summary tracks cashiers by shift for accuracy and anomalies. It tracks over/short problems, fluctuations In revenue by cashier, tickets processed, and voids by cashier. This report areatly assists In tracklna trends In cashier ticket processing.
AUDITING PROCEDURES: lA2 Parking successfully manages S1 Billion in annual revenue. To manage and account for these transactions we have developed sophisticated accounlirlj systfflls and several types of audits we perform on a revular basis. These Include:
✓ Routine Audits
✓ Unannounc~ Audits and Spot Audits
✓ Internal Audits
✓ Secret Shopper
✓ Customer SUfVeys
It ts the responsibility or the Operational & finance Audit staff to consistently Verify, Review All Reported Parktn11 Revenue & Sales (of Dally & Monthly Parkl"i Visitors), Cash & Credit Payments & Collections, Revenue Control Equipment and System Reports & Receipts, Collected & Issued Tickets, and monitor Bank Deposits.
The Various Audits mentioned are conducted on-site, dally and throuahout the month, by the Supervisors, Mana!lers on Duty and Audit 5taff, to monitor, deter Md prevent theft, and to ensure lnlCBrily and Accuracy.
Standard Audit Practices: LAZ Parki~'s Audit Department continues to expand and upgrade systems In ordcr to k('(.'p pace wilh our growth 11nd to take advanta11e of the newest technol<>t?Y developed specifically for the parking industry. Our hlwt,ly trained staff has extensive experience with accounts recelvabte procedures, field operations, payroll, and field and Internal auditing practkcs. Audits are conducted either as primary or secondary audits.
The pr irnary audit ts the first levet of audil. Thls audit Is performed al th<.• operation's site and is conduct~d by the on·site mancgcr or field .:iudltor. The purpow. of the primary audit Is to verify that the Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
casnier5 are following the company's procedures, .and lo Insure that the revenue Is recorded correctly.
This type of audit is performed on a dally basis.
Client R~lll Services: The Client Reportint Services (CRS) team is a critical component of our commercial detlvery and success for all managed clie11ts at LAZ Parkina. The department, led by Sandor Dizes, Vice President, Is comprised of over 25 hlihly qualified accountants who specialize In dlent services and providing monthly financial reportins for over 800 locations acrOS1 26 states. All team members pride themselves on completlfli reports In a timely, accurate, and complete manner In accordance with GAAP or cash Basis of accountint consistent with underty109 managffllellt agreement terms and dlent expectations.
In completing the monthly accounting procedures, the CRS team utill1es best practices, controls, and procedures to ensure that clleot revenues are tracked, reported, and reconciled accurately. The team me~ also ut1ltze a comprehfflslve mix of ent~rprtse 11nd custom 0pe'fl source applications, Including Eplcor, Doc-Unk, lnt~raPark • Parts/Rome, as well as a custom developed web-based Daily Cash Reportlni (WebDCR). Monthly accounting transactions from all transactional sources, Including banklnt and financial Institutions are lntesrated, matched, and reconctled using T·Recs Enterprise total recooclllatlon solution. End user reports are gen~ted using FRx "'~ Server Reporting Serlkes (SSRS) and accessibl.e by clients through a private and s«ure web onltne portal.
Although the department has standardized client reporting, there Is flexlbtltty to offer financial reports in formats that are tatlored to each client In order to Include all desired relevant financial and operational content. The Client Services List summarizes all avatlable financial retated report contents that may be Included In a monthly report. Although all reports do not typically Include every Item listed, clients are consulted to develop the appropriate contents and Information to provide each month. The accountants wortt closely with the field operations teams to develop any addlUonal KPl's and non·flnanctal data that may ~ required to be Included in the monthly report.
Report1111: L4Z will use generally accepted accounting procedures, will keep financial records of the facility, and will use cost-control procedures In the disbursement of funds. We will provide, no later than the 15th of each month, unless a different date Is spectfled, a r~enue summary report detailing all financial aclivfly for the previous month. On a monthty basis, LAZ wlll present property mana~ment with 11 comprehensive management report. This report will Include, txJt ts not limited to:
~ Executive Financial Summary °' Monthly Operating P + L a, Cople-s of Paid Invoices
a, Gross Receipts
~ Validation Invoices
a, Payroll Distribution
a, Dally Revenue Summariec.;
Our People Come First: At LAZ, we are committed to being Servant leaders! By this we mean we are here to serve our employees and give them the respect and support they need to be succes~ful every day.
Simply !i.laled, working with our clients, our employees are P.mpowc,red to take care of the tenants and Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Page22 of65
4. WORK PLAN
their guests and lo do whatever it takes to meet their needs. When we adopted the reverse-pyramid view of management at l.AZ Parking, we realized the Importance or properly ~Mlli our employees and middle mana~. It works like this: Our executive management team focuses on supporting our location manaae,-s to give them whatever It Is they need to succeed. Our location mana~rs are expected to serve their front line employees, providing them with support and rewurces. Finally, the front line employees pass this same style of attention on to the customer, doing whatever It takes to make them happy. In this type of company culture, our executive mana!lement is constantly as.king "What can we do to better serve our employees?" so they In turn can better serve our custom~.
EmployH Turnover: LAZ's turnover ratio is well below the Industry averaae, and our employees stay with us for an avera11e of 7 years. Our ability to retain emptoyees ts a function of (ii malntalninQ a positive /supportive work environment; (II) providing (J.lalifled employees with meaningful career advancement opportunities; and (Ill) providing a quality benefits program. We believe In taking care of our employees lo the best of oor ability and rewarding lhem for their good work.
Equal Employment: LAZ Is an equal opportunity employer. We make all emp(oyment decisions, Including, but not limited to, recruiting, hiring, training, and promoting our employees and administering our personnel polkles, without regard to protected class status In accordance with applicable state and federal laws. We are dedicated lo ensuring that all decisions r~ardtng personnel are tn accordance wtth our principles of equal employment opportunity. lAZ Par1ttng ts committed to the practice of equal opportunity and affirmative itclioo In all aspects of employment. It ts company poUcy to provide equal opportunity and affirmative action to all applicants and employees without r~ard to race, color, sex, age, religion, national orliin, marital status, or handicap. The company also Is committed to continue to recruit, hire, train, promote and compensate persons In all jobs without reaard to race, color, sex, age, retlgion, national orisln, marital status, or handicap. Individuals will continue to be upgraded and promoted on the basis of their abilities, skills and experience.
Diversity : LAZ Parking strongly supports diversity In the workplace and affirmative action. We also provide a hara\sment free working environment with an employee holllne lo report concerns in the workplace.
fair Wate and S.rwflts Pr01ram: A fair wage and benefit program ts the ~tart of incentlvlzlng employees to maintain employer loyalty. We also provide monetary reward programs, employee or the month contests, social events and recognition tn our employee newsletter; all In an effort to promote a hi11h level of employee morale and keep employee turnover to a minimum. We strongly encourage our clients to approve incentive bonus programs, wherein employees can participate tn fun, friendly competition for m~t.Ary and other rewnrds for .ichteving high scores on things ,uch as 1()00; attendance, perfectly completed reports, customer compliments and survey results. Being recoanlzed by your employer in front of your peers is very motivating and rewarding.
LAZ has transitioned hundreds of different parking contract"> over Lhc la~t thirty years of our business.
These Include Class A buildings, hospital,;, municipalities, university, government and private contracts.
Some of these contracts have required us lo p,ovide certain benefits, wages and employee amenities which we have standardized. !klow you will find a ch<1rt of many of the benefits offered to our p,11klng fHPpo~1I Monterey Street Park~ng Garaae, Salinas, Ct, I LAZ PMklflll Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Page23 of65
4. WORK PLAN
employees. We betlevc that wood employees deserve good wages; subsequently our startinii wages are typically higher than the local minimum or prevallln-g wages for s1m1lar wort<.
Company RAVE Protrtm: On our weekly reilonal operat1ons conference call, each rejlon highlights any employee who stands out fOf their overall dedication or for a specific achievement. These individuals are sent a "RAVE CardH that Is personally sf9ned by lhe LAZ management staff. RAVE stands fOf Recognizing Acts of Value & Excetl~e.
Quarterly Leadership MHttn1s: Every quarter we host a meet1r19 of all our R~onal Leaders. These meetings provide an opportunity to update our Teem leaders on LAZ current events, as weU as provide team-building opportunities.
Innovation Awards: Very often It's the simple Ideas that can make a difference. It's all about smart thinking. LAZ Parklna's bl-annual Innovation Awards are desljned to reward those who Identify Innovative ways to effldeotty meet LAZ Paridnj's customer and client needs while living up to The UZ Way. Smart ideas consisting of innovations btg and small, which have Improved LAZ business, Including everything from customer service to financial savln!IS are rKognlzed and rewarded. lA2 Innovation Awards are open to all lA2 emploYffS and ftMllsts are recognized for their contributions and then rewarded for the•r efforts at our annual national convention.
QI) EMPLOYEE ENGAGEMENT
(1' TEAM BUILDING
QI) REWARD
QI) PRIDE IN ACHIEVEMENTS
QI) SHARE OF BEST PRACTICES
~ CREA~ OPPORTUNITIES
C!> MPROVED PERFORMANCE
(!> IMPROVED SERVICES I
~ NNOVATION AS A lAZ CORE VAWE
QI) CREATE VALUE TO OUR CLIENTS PARTNERS IN PARKING
"Evtuyone at LAZ con make o differrnce, no matter their position ." Training: LAZ parl<ing attendants receive comprehenstve training that lndudes proper safety measures including illness and injury prevention. Details of our st8ndard tralnl"1 are provided below. We al~o offe< ongoing training and refresher courses, plus additional resources that are available to our staff online and through LAZ University. Safety courses at LAZ Unlvenlty Include:
QI) Safety Awaren<.'ss
QI) Carbon Monoxide
~ Cold Weather Injuries
QI) Heat Related Injuries
~ Robbery Prevention
(1' Safe lifting
(P) Slip, Trip and fall
(P) Stretching
parklug p,cpoul Monlt'r~ Strttl P~rkinR G11ra'!f' . SalinJ~. CA I LAZ P<1rkin1l Form: Professional Services Agreement v. July 2018
1.az Parking, California
November2018
4. WORK PL/\N
l.U &'1'l'lplo)ott1 ere •ls.o otfe<NJ the followi"I Wellne1o\ Coe,~,:
t, 10 T~ for HPalthy l&(lnt
t, Whit's 1n yoc, ;ip;,.''li IMM>tl
a, Procmcd Foods Part t
t, Whit'\ m your Showlrt Dlsketl
t, Procffl.ed f'oodi ~rt 2
t, Whit's In ycu Shopplrt kket,
t, RHdl.Abt'ls
S.(.tt Tr•lnlnt: AU of out em~ • ISw.d I S.f.ty ~UAI l4oni wfttl I lhorC)Ulfl r~ of yfe\y standards In tht-if itltCial orll:'l'ltatlon. 0\1 ~~focus b lht- Ylpty of OIi tmPlo,.H1 Ind c~cwntn.
No ura.efc bctwmr, wlU be tol~ated undtt' 111'1 clr~t1. Sefety tr11r11nc lndudH SOtM of our rrost COfM'iOn sttultl«ls such II wi•• O'fvtnt .-ills, saftCY ~ .,~ wtncln tn the loadlrt :rorw, pcrt,ONI tnJu,y 1'l'O'dlnce, ~ 1'"1"1 t«hn~, Mnif'I W'I nt,..,,. t rallnl, prq,tt ~ l'\.ir 1 tobbff)' stNat'al, wat1dnt with lnt01duted CIIWWl'tef'S, .Md wwo~e d SI~ ¥Id fills Ind aientfal haunba ,ituaticnl.
~Jury Ind Hlflft, Prewntlon Trefnina: All ol cu ~ an tr•IIWd "' ~· wf.ty that rutty klvalffl all em~. ~ and me~. ll ldenltflft uw lf)Klhc ~ huan:h that ~ort'C' Wt' c-.qxncd to rd corrects ~ Identified huanh In an IIPfl"OPNlt arid tffl"le'ly INll'IMI.
Tramq co,usts of:
' . ltetponsll'ltty
2. C.ampUa,u
J. C.OfNIUJnlC
4. Haunt AISfffflM""
S, Acct I[ po e' 11lkln
6. HaurdCorrl<tlon
7. and lnltfuctlon
I. / Re-cordk ,.
LAI ll1lntnt stMU With ~r hT1"t ptactkn bt'lt.aM' - he~~ hlrlf't t«hniq.JN which lHd us to wtKtlnl tt-i. twit quallfi.d Pft~ lex thr av111.&b(• p(KIUOM, All l~S of f'ff'C)I~ cont~\fy rec~ tn;rwie tn arns St.<h as antomet" s«v)Ce, nrw ttchnolorY, and setr-en-.,uwffllttot.
In todav', ~I~ ~lid ~•. ~r cUQ'1t1 and pr~poc:Uw cli.nt, oltl'l1 ~, lht- rf'OJrdant Clim from 'nrioul w-ndlYI nd r1ura th.it°""~'•~ tti. dlff~ff'IC•. ~. lAl t-.1111 p,011.., trac• fKotd d 1«1\rit109. lfl'nl"I. pro,rou,,., arid r~llh'llnl lh&- bnt t..iwcnt in the commM:..i, ~t.W 611d lmplt.ltly i;>MliJr,v 1«~. Since 1981, my .la ol th~ WN1C~ profnsionah hired by lAZ P~l"C ~ noc bHr'I ,et,a.,le'd, LAI IS con110tnt lhot thl) Kal1'tk ~· prv,-e true tlv~l w, t~~. "'4'11Ch eqo61~ 10 1lbb(e opentio,,s, t-..19ht""ld VUMl loyally, rd ccnfidt-rlce In yo,., curtK.• ~1ty ~ Form: Professional Services Agreement v. July 2018
Laz Parking, California
November2018
4. WORK PLAN
LAZ believes that fl~t Impressions are lasling impressions. We believe people make the key difference In the service sector and have developed the followlng trainlng•lntcnslve pr011ram to help develop our employees Into the best In the Industry. All new employees have a training session with elth~ their manaae, or the property manager to go over Import.ant aspects of the job, Including uniform policy, review process, pay scales, poUcles and procedures on missed days, and customer relations.
Web Tu11lnlnt: LAZ Parking conducts dally and weekly web-based training sessions throughout the country to achl~e ffllP(oyee training compliance and operational excellence. From basic mathematics to technical equipment repair and maintenance, the dedkated lAZ Parking training team performs structured "weblnars" to ensure a consistent workforce.
New employees are paired with veteran emptoyees who have been trained as trainers. DependlrJi on the employee and complexity or the posltk>n, this training can last from one week to two weeks. The Manawer will also closely monitor the progress Rnd provide additional hands-on training to the employee. Hew employees will be lnvotvcd with the fotlowlng:
(8 LAZ Parking: Learn about our culture, our philosophy, and our waals (8 Company Potkles and Procedures: Review the standard operating procedures handbook (8 Benefits: Benefits we offer to employ@eS
(8 Training: We will review the different types of available training which Include classroom, field operations, safety and customer service
(8 Customer Service: Thts Is part of the training program, but special emphasis w1II be placed on the programs, meetings and expectations for complete customer satisfachon Hands-On Manaaement Training: LAI PARKING focuses Oil provldlna direct, hands-on manaaement training throughout the senior levels of oor manaaement structure. Our an<:illary management staff is close by aoo can devote slgnifkant time and enefiY to the parking opcration---including regular oo-sitc visits, inspection~ and reviews-to assure that our mutual goals and objectives for performance are achieved. Our on-site mane ement t, a Is av llable 240 to the ro e On-Gofn1 Customer Servtce Tralnlns: We provide our personnet with extensive operational and custome< servk:e trainlnw. We stron11ly eocourage our clients to allow on-site LAZ Park,~ persoonel to participate In customer service training programs administered by the Property for Its own employees. Doing so assures that our st;iff unde~tands the Property's customer service expectations and facilitates teamwork 11mong all property management personnel.
Employee Handbook: Th~ Manager will ensure that all LAZ employees will adhere to and observe all rules, regulations, and standard operating procedures contained in the LAZ Parki!l'i employee handbook.
Additionally, the Manager will have knowledge in and follow all City of Salinas and government asency laws, pol1cles and Quldeltnes, and ensure that all LAZ emptoyees are knowle-dgeable and educated with regard to Import.int Information or policies that may directly or Indirectly relate to their duties or to the operation at Monterey Street Garage. Along with this, LAZ will be regularly updated in the local and federal government laws and ordinances to ensure that the Manager and all employ~ meet these requirements.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
CIHsroom Tratnin1: lAZ Parking's bask Instructional program Introduces each new employee to the fundamentals of parking. A comprehensive driver/cashier /valet/maintenance training gukle educates employees on auest/customer relations, vehlcte handling, faclllly appearance standards, job performance techniques, and problem solving. I.AZ ParklOi requires a minimum of 12 clMsroom hours of basic training before employees are permitted to start locaUon specific duties.
Most Importantly, all new employees are Introduced to LAZ Par1(1ng's "Recipe for Success": Trust, Dependability, Poslttve Attitude, Teamwork, and the Ability to Learn. Here, employees are taught the 5 building blocks of success and how to utilize these qualities during emptoymenl with LAZ Parking. At the rront·line employee level, this translates Into providing high quality ~rvtce, creating a positive attlt~, and solv1ng problems for the customer. Employees are encouraged to show Initiative and to make common sense decisions In order to address specific needs of the customer. Our aim is to Impress our customers with the fact that our employees are empowered to help them, and exemplary performances by employees are acknowtedaed and/or rewarded. An employee who perceives his rote as a "processor" rather than as a problem-solver, and who demonstrates any trace of "It's not my Job·lsm" will be negatively reviewed (and will be warned that failure to address that attitude problem will be the basis for termination).
On the Job Mentor Shadowing: ~ employees are scheduled to WOfk with an employ1!e In t~ same Job category 16 to 32 hours, based on manager and mentor evaluations. During the mentor shadowflltl process, the mentor reviews all Important proc~res wfthln the cashier/valet tralnlna aukle. This Important step assists new employees In adjust1na to the specific work environment, and atves the new employee an examp(e of acceptable work habits and teamwori(. Mentors are chosen from the fietd of veteran employees based on their performance.
follow Up: LAZ Parking Is 100% committed to creating opportunities for our employee. We hire only the best candidates, train extensively, and demand nothini short of excellence from each learn member. In concert with our dffllandlna expectations, we maintain a r~imented proara.m designed lo evaluate the performance of our team. Bet.ow Is a brief ovmiew of our evaluation program:
✓ lnlttal Feedback - An emptoyee·s first 10 days are carefully monitored by t~ Management team.
The employee Is shown an Initial review, which addresses work habits, appearance, paperwork, customer contact and on-the-job performance.
✓ 90-day and Stx Month Appraisal - LAZ Parking believes In consistent evaluation of employees. If standards arc not estabtlshed and communicated, an employee cannot be expected to m~t those stan<lards. The Company's manage~ are trained to give effective reviews and let the employee know where he or she stands with LAZ Parking.
✓ Annual Review - Once the employee pas~ the 90-day and six month review periods, he or she Is reviewed annually. A written evaluation Is done durf!li this process. LAZ Parking makes every possible effort to identify, screen and hire the best employees. Because of these efforts our customer service excels, our employee tumover Is the lowest In the parking industry at 10%, and our chenls receive personnel stability that is second to none.
LAZ as • Learnln!I Organization: Our onli,w program, LAZ Univ~rstty, gives employees access to courses, classes and actlvitie~ In fou1 C<'ltegorie-s: Professional Skills, Client/Customer Relationships, Lcadenhip rwkinp, prnpo-.;il ,W>nter~y Street Parkin~ Ga,aF.<", '>Jlina~. (A I LAZ Parkin~ Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
and Management, and Parking Business. Operattons and financial topics are in~luded in the -Parking Business· category.
Throuah the LAZ University Leaming Center, employees have oo·demand acce-ss to more than 150 courws, dasses aod actM~. Olw curriculum 1s des'9ned with the 21st-century-learner In mind, built by a •justln·t1me" mode( (similar to YouTube) so that emplc,vees have access to brief video and Interactive learning at their flnee,tlps. Learners post c,.iestloos, collaborate and share be-st practices through the LAZ Nation Online 'Tribe," a social networklna port.al designed exclusively for LAZ Parking employees. A key, 10-week program wfthfn LAZ University, the 1.AZ Pantlnt Manater Certification," provides frontlfne managers wfth the skills, tools and resoLB"ces needed to lead teams at any type of property.
At LAZ Parkina, we live- by a cuttina·edte, multi-faceted talent management strateay that drives decisions about who we hire, what our teaming programs Include and how we evaluate our employees. Four core competencies sit at the center of the strategy, narrowlna the focus for hiring, developlnt and retainins talent In such a way that our result Is a consistent, extraordtnary service experience for our dlents and antomers (what we call the "LAZ Way"). LAZ University Is an Integral part of thts e,q,enence. Althoojh LU values dassroom tralnlna durllli the or1eotatloo phllse, classroom tralnlnt Is not on·aolna at LAZ.
Instead, LAZ Is a "teaming oreantzatfon" that subscribes to the beUef that eff«ttve teaming and coach1na happens •on the job." Staff and Managers share the dally experience with NCh other and then toe on to the LAZ University Portal to receive real time coachtna feedback that they can Immediately put Into practice. This approach removes the barrier often created between what Is learned In the classroom and what ts put Into pracUce at the location.
Qu.llty Customer Service Deffve,y thr0uth Tralnl111 • Parkol0ty: Parkol0ty wlll alve the Property insight into some of the training that our emptoyees wMl receive as they travel the pathway to success.
T~ Four Aca~I~ of LA2 U: LAZ Unl~ity spans across four Academies. The four academ~ are represented by the four columns of LAZ University as 5hown In the graphic followllli and In the LAZ U logo.
Customer Complaint I Problem Resolution Training: l.AZ Parking has built our reputation on the exccllmt customer iervlce we provide to our clieflts, customers, ~rl<ers and vlslt0f"5. We continuously explore new ways to Improve on the experience that people have when they uttltze parkklg tacllltl~ parl(lna proposal MontNl'Y Stre<-1 Park1nw Gar ail(',~"'"'"~, C./\ \ I.AZ Parkln11 Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Page28 of65
4. WORK PLAN
which we manage. We pride ourselves oo resoMng all customer Issues, complaints or concerns 1n a prompt, courteous manner. We provide our starr with continued training and education so that they are prepared and wetl ve~ to handle customer complaints. Below are examples of the training we provide to our employees to help resolve customef complaints. The majority of customer/staff interactions Involve the following situations.
1. Custom•r look1nt for Information - Information sou1ht usually Includes:
f) Hours of operation
f) Parking rates
~ Directions
f) Avallabte parking spaces
R1t~ution: This Information h provided to our employees at the time they start at a new location, so they can quickly answer the customer's questions. If they do not know the answer, there Is a chain of command rejardi~ who they should contact for the information.
2. Customers looldnt for M>lution - Typical example-s of this 1nclud.:
fJ Customers who have lost their ticket
" Customers who do not have sufficient money to pay
f) Customers who cannot find their vehkles
Resolution: LAZ Parking has specific policies and procedures to follow and resolve these t~ of issues.
We have provided these to the Monterey Street Garaize management tellm and wilt renew/refresh In new contract Employee training tnvolves discussion of these Issues so they understand their role and responsibll lty.
3. Customers who wish to be heard - These customer, can be the most challenalns beuuse they may exhibit the follow1na actions:
" Angry or upset
" Need to vent
e May be Irrational
G!') Not Interested in exptanalions
Rttsolution: Employees are trained to listen effectively to the customer and identify the Issue. They are also taught to remain professional, patient and offer a solution. We teach the- cashters phrases on how to choose the most appropriate words when offerina a solution. It a customer does not want to accept the employees' solutloo, they Immediately contact their manager. He or she will be available to assist with these situations and will promptly work with the customer to resolve the Issue. We endeavor to get a name and phone number for furlher follow up action If necenary.
Htrlflll Process: The delivery or exceptional service starts with our stringent hiring practices, which lead us to selecling the best qualified personnel for the available poslliom. All tcve-ls or employees contillUously receive training in areas such as customer service, new technology, and self-Improvement.
In tod~y•s competitive market place, oor clients, and prospective clients often hear the redundant claim from variou:. vendors and 1irmi. that their people is the difference maker. However, LAZ Parking has a proven track record of recruiting, training, promoting, Md retaining the best talent In the airport, Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
commercial, residential and hospitality par1dna sector. L.AZ Is coofldent thal this statlstk will continue true at Monterey Street Garaae, wtlkh equates to stable operations and heightened guest loyaltv and coofldeoce in your parking servkes.
At LAZ Pa~fng we realize we are ooly as good as our peop\e. Therefote, w<: arc very particular about who we setect to Join the L.AZ Parking Team. We have devetoped spedfk steps to attract and maintain quality people. The foll<11¥ina policies will be administered by the Operations N.af\&8« In conjunction with the Human Resources Manager, to ensure Monterey Street Garage's Par1<1ni Team wtll be of only the hiahest caliber.
LAZ has over 50 employees In the Bay Area. We will maintain at Montefey Street Garait! a day by day and week by week backup Khedule of employees that are required to be on call for that particular day and shift, so that they are aware and prepared to~ called In If there Is a call out or emergency. This Is part of our standard operatllli procedures. This ensures that we never have an unfilled position so that service ts not Impacted and we don't build up a tot of overtime. These employees are a valuable rt-source to any facility that thrives on customer se,vlce In otder to fill gaps created by call outs and vacations and to meet the demands of seasonality. We wilt imp(ement an active cross tralnlnQ program where manaaen, supervisors, and employ~ from other locations will also be cross trained to perform every function In their assttned scope of service, to assist If necessary durlne the event of employee call outs or any unplanned emergencies.
Employee Dress Code: Where applicable, all employee5 at Monterey Street Garage must wear the assigned uniform approved by the Property management team, while wort<lna at all times. All employees will be aware that when in their uniform they are associated with and representing both lAZ Par1dne and the Property. Employees are required to sign for the uniforms and the uniforms are considered company property.
Uniforms must be maintained al all times by the employee; while they remain on lhe property of the company it Is the employee's responsibility to maintain the uniforms appropriatety lndudlna upkeep, and ensurina they are cleaned and pressed. Employees will be required to wear the proper uniform at all times at Monte-rey Street Garage. The primary uniform shall consist of the following:
1. Company Issued or approved shirt
2. Company issued or approved Jacket (spring or winter weight)
3. Company Issued or approved name ta11 or bacfte
4. Company issued or approved panls
5. Company approved ~t
6. Company approved socks and rubber sole sh~
7. Any accessories (such as hats Of' gloves) must be Company authorized.
8. Safety vests must be worn at all ti~ on the outside of the shirt or jacket.
Employees who come to work in dress that management bellev~ to be inappropriate or 1n violation of the uniform potky will be sent home to chan11e. Any time lost by non-exempt employees as the result of lhk will not be pafd .
Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
PERSONAL APPEARANCE: Atl employees' personal a~arance must always be very neat. They may not wear excesstve Jewelry, lnciudlna oversized r1ngs, chains Of earrllliS, while et work. Visible tattoos and body piercina are prohibited.
Men: ~Ir must be neatly combed and cut above the collar. No facial hair Is allowed other than wellgroomed moustaches.
Women: Lona hair should be tied back, cwnellcs ~Id be moderate, and vi~ibte pittced jewelry may be worn only on the ears.
In keeping with our equal employment opportunity policy, LAZ Pari<ing will make reasonable accommodations to the dress code and personal appearance standards for those employees In a protected class.
Communtatlon: At LAZ, we believe that focusing on comrmmtcatlon Is crucial to successfully accomptlshlfli objectives. Open lines of communication will continue with the Property Staff and we will continue to be available 24/7. Our Manager, will be onslte to address any questions or concerns. In addition, our Director of Operations, Ryan, will also be avaflabte at any time via email °' phone call.
Ryan will continue to be acttvety Involved In the daffy operations, as will upper management.
Management and Senior Staff have a NWeekly Win call" where dally operational highlights are communicated to our Home Office and Partnen.
Our clients are encooraaed to establish a regularly scheduled meeting with our management team daily, weekly or moothly based on their own availability. Client huddles typically Involve a review of ~ previous month or the week's operational and financial ~rfoml8nce, and help to set objectives f« the upcoming period prior to the next call. The call group Involved with Monterey Street Garage would include regular participation by Ryan Dreisbach, Director of Operations, Cindy Hefner, General Manaaer; and the Garage Manager. Rod Howery, Regional Vice President, George McTeman, Regional Auditor and Lou Fresquez, Human R~rces Business Partner, are avallabte at any time needed but at least quarterly for a checkup with the Property. Betow Is a !.ample of some of the topics which are typically discus~ durlfli these meetings:
✓ Facility operations
✓ Customer service programs
✓ Repair, maintmance proSrams and
recommendations
✓ Revenue enhancements
✓ Expenses savings
✓ Market conditions and trends
✓ Client, employee and visitor requests a
questions
✓ Staff sug~ttons
✓ New training opportoolltes
✓ Security concerns
Quality Assurance : Our quality assurance programs wilt ensure contract compliance, while also meawnng how we are doing. This includes the use of mystery shoppers, survey cards, dashboards, spot audits and site Inspections, regularly scheduled audits, reporting, local, and corporate management Involvement and corporate interaction from audit, accounting, HR and other company support functions. Following you will find more detail on our Quality Msurance prlJ'ilrarm sLJch as our Customer Survey and Myslery Shop programs, as well as our Maintenance Site Inspections.
Fonn: Professional Services-Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
Customer Surveys: On an annual bas~. or more often If requested by our clients, c~tomer survey cards are distributed at the locations. This allOM LAZ to gau~ the effecttveness of our employee training programs and make continuous Improvements as needed. The surv~ are summarized In a matrix that ts then reviewed with our dlents. Parkers' feedback Is obtained on Issues such as:
✓ ~pfulness of the lAZ staff
✓ Levet of customer serv1ce
✓ Facility's ap~arance
✓ Cleanliness
✓ Ease of parking
.,, Billing procedures
.,, Cash tramact1ons
✓ Overall satisfaction
The results will be shared and reviewed with the appropriate Property Staff. If any Items fall below an acceptable levet, an action plan would then be submitted for approval, and If approved, would be Implemented lmmedlalety In order to address the Issue.
MystHy Shopper Servtc•: Once a month, our "Mystery Shopper Service" audits the parking experience and e-valuates each of our fac111tles. The shopper evaluates the tkketlfli procedure and tickets themselves, the cashier In terms of appearance and customer service, and the overall cleanliness of the garage. A report h generated and sent to the Regk>nal VP who then has the Project Manaaer pull the specific tk:ket to ensure that proper ticketing procedures were followed and the transaction was accurate. Based on other aspects of the shopper's report, any necessary actions would then be taken to either correct or reward the location and staff.
LAZ Approach to Transitions: LAZ Parking understands the Importance of a seamless and efficient transition of an account. lAZ transitions over 150 locations per year and our leadership teams and managers have extensive experience with all type5 of transitions. We have been Involved In the successful transition from an extsttng mode of operations and/or management team to a new mode of operations and/or manaven,ent team for many different types of parklnt locations thrOOjhout the country.
Because we transition so many locations annually, the LAZ Parking Implementation teams have devetoped unique and vast experience whkh includes tramitionini projects that are similar in scope and size to the Monterey Street Garage account.
Our Commitment:
► Detailed Planning
, Constant Communication
► Efficient Execution
EKecutlon is ~rllical lo ensure that customers do not experience n~attve changes to the pr01iram, only positive eohllncements. The team will also ensure all contractual requtremenls arc complied with. The team will meet with the City of Salinas leadenhtp and prepare a day-by-day and week-by-week transition ptan. We believe very strongly In frequent communication and interaction through face-lo-face meetings with clients In order to create a smooth, seamless process as well as being proactive to prepare for any unexpected challen11~. Our tramltion ptan will refine oversight and operational responsibilities to ensure o seomlc:$5 lrilnsltion and ~rnooth ongoing cfay-to-day operations.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
Experience: We have quadrupled in size in the last 6 years, growing from 500 properties to almost 2,0C properties. These transitions have given us valuabte experle-nce and Insight across many dttferent slz• and types of accounts. Our after-action-reviews allow us to review each transition, document °' successes, and learn new Ideas each time. LAZ commits sljnlficanl resources to transitions to ensure th. the transition team has as much suppOft and expertise as they need to complete a successful transition.
The LAZ Transition Process
Stage 1 · Due Diligence and Communkatlon
e Meet with client stakeholders to define expectations and communication process e Establish routine meeting schedule for before, during, and after transition ® Assemble transition manajers and team members and asslin tasks and duties ~ Conduct a site walk thrOUih and thorough rMew of current parking operations e Coordinate transition plan with entire LAZ Par1<1ng transition team and City of Salinas e Rmew and submit all necessary Licenses and Pennits
e Review operational recommendations with City of Salinas G, Evaluate and revise extstin11 staffing schedules
G, Review e,clstlng equipment and Inventory needs
~ Complete introduction meet1n11 and communication session with all emple>ye4!5 State 2 · Employee Procnslnt and Account Procedur•s
~ Submit updated recommendations to supplement existing operations ~ Delegate management and supervisory Job assignments
~ Order supplies, telecom, merchant ID nombers for credit cards, forms ~ Establish banking tnformatlon and cash handling procedures ~ Complete technical support training on Revenue Control Accountlntr and Inventory Systems ~ Notify exlstilli contracton of operator change & negotiate new contracts ~ fOf'Ward all Insurance Certificates as needed
(! Interview all existlnQ employees and additional new employees as needed G, Conduct employee on boarding process: emp(oyee orientation and customer seNke training ~ Conduct all three s~ments of Healthcar, Services Training (CARE, Re£ulatlons, Patleot Safety) ~ Complete uniform flttlna for all employees
Staiie 3 - Equipment and Protocols
~ Service v~lcles end equipment on·slte
a, SUbmlt updated operating budget to City of Salinas
~ Complete lnstallation/tralnin11 of automated payroll/time attendance system (P) Com~ete installation of automated ca~ deposit svstem ~ Complete Credit Card Processor testing end tralntna
~ Develop slte-speclftc Standard Operating Procedures (SOP) for City of Salinas properties QI) Inspect existing equipment and ~rform needed maintenance ~ Distribute uniforms and employee equipment
State -4 · Transition
a, Commencement of operation
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4. WORK PLAN
(l') PCI comptlance site audit
(l') Conduct comprehensive operational and procedural audit (l') Submit monthly parking transaction and revenue reports (l') Submit Standard Operating Procedures (SOP) and billin1& statements to Cily of Salinas (l') Implement l!lpJ)foved operaUonat & revenue enhancement programs (l') Submit revenue and expense reports to City of Salinas for format approval f) Continue on-going meettnai with transition team, parking manager and City of Salinas Standard Operatiflj Procedur~: As part of the transition we will develop Standard Operating Procedures (SOP) manuals to speclftcally meet the contract requirements and the scope or operations at the properties. The SOP manual will be submitted to the City of Salinas leadership for approval. The SOP will be adJ~ted as necessary to meet the dynamic and ever evolving parking operations.
To ensure that the par1<lfli operations are staffed with qualified parking professionals, every candidate will be required to successfully complete our h1rlna process. Every applicant, regardless of the position, is required to go thrOlJih the lntervl~ process with a qualified and trained Interviewer, pass a background check, OMV check If they are drivers, drug test and reference check. Once hired, they are then required to attend our new hire orientation, as well as pass all training courses. our goal with the on·boardlnt and training program at the Monter~ Street Garage ts to raise the bar and set an expectation level for the delivery of outstanding patient expenence and customer service.
Also, during this period our Audit Manager will provide the City of Salinas w1th a compr~slve review of the operational and procedural functions w1th a p(an of action for rKtlfylng any potential issues.
This audit review w11l Include:
(! Operating procedures analysis
~ lmptementation of approved revenue and operational enhancement programs (l') Separation of duties
~ Cash handlln11 procedures
(P) Risk management assessment
After the transition Is complete we will continue to have transition follow-up meetlnws with our team leaders and the City of Salinas leadership until everyone Is satisfied that we have completed all proposed enhancements, met all contract requirements, and met the needs of the employees through transition. This is part of our post transition foflow-up.
General Maintenance/light HouS8eeplng: LAZ Parking has over 37 years of experience In cleaning, maintalnlni and repairing parking facilities. We understand that the parkini 11ara~/lots will be the parkef's rlr:.l and la~t impression of their visit to a particular destination. Our philosophy Is that the parkins garages/lots must be dean, weft-It, clearly marked and Inviting. In addition to promoting a user-friendly atmosphere, we are experienced In providing maintenance services whkh are specific to parking structures and aimed at prolongini the useful life of the structure and maintaining the value of the asset.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
4 . WORK PLAN
The onstte employees will bejtn 9Ch day by policing the garage for any trash or debris. LAZ Parking will provide the followina maintenance tasks to kttp lhe garage clean and attractive, as wett u to protect Property Management's parking asset. Followllli are other cleaning and maintenance dut~ that will be performed on an agreed upon schedule:
G') Doily Litter RfflKWal: We will pick up and remove all litter and debris dally. The trash receptactes will be emptied on a dally basis.
G') Parlcing Equlpnwnt: The reveooe control and access eQtJlpment wlll be wiped down on a weetdy basis, more often If necessary. We will oversee the Implementation of warranty and prPJentattve maintenance wori(. Routine equipment maintenance, such as aate replacements, will be performed In-house by our staff on an as-needed basts.
G') Ofll" CINnlng: The prage offices and tashler's booth will be thoroughly deaned dally.
Specifk services to the offfce areas Include: vacuuming, dusting, trash removal, window and s11\ deaning, and 1'8ht bulb replacement.
~ Glass ClftJIJlng/Gralfltl R11moval: All booth Windows will be cleaned dally and maintained professionally. Glass surfaces/graffiti within reach will be routinely cleaned by our maintenance staff.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
5. PROJECT STAFFING
Penonnel/St1fftn11: lAZ Par1dng wilt demonstrate an except1onal familiarity with parking garage manaaement. Most Importantly, we will demonstrate a superior understanding of operational requirements, public relations, and customer service practices.
Loe.I Support Personnel: LAZ Parking's dedicated and high lev~ staff members have eKtens1ve Bay Area Parking experience. With ~ 500 emptoyees locally, LAZ Parking ts confident that we can provide exceptional pcnoonc\ that wlll meet the levc\ of ~rv1ce that t1 required by Property Management and lAZ Parking. All of the followlni Team Members have worked extensively tn parktna for many years over the courses of their careers and will support lhe operation locally on a QO forward basis.
Accurate and Efficient Stafflna with Trained, Service Oriented Employees: One of the most Important responsibilities of the Garage Manaser will be scheduling and staffin11 the facllilles with professionally uniformed and groomed attendants, providing a positive and professional first and last lmpr~lon of City or Salinas and Its valued guests upon each visit. We will routinely refine our plan based on our operatlni hlstOf}' and other factors affectl1111 par1<Ing demand (such as ~ak times and Holidays), ~surfng a sufficient number of attendants are present during the times they are most needed at each station. Rejardtess, should the Property request additional stafflflj for any reason and at any time, we w111 be Immediately responsive to your needs.
As part of the hlrlf111 process, LAZ ~ Individuals with open flexlblllty and tlw avallablllty to wori( In multiple poslUoos and locations. By doing so, this makes It easier for our Ma.naae,s to have on hand the amount of staff they need at any iivefl time. All emptoyees wlll be cross trained for mulllp(e Job duties In order to provide adequate coverage during per1ods of turnover or LNv~ of absence. All time off requested by employees must be approved by a Manager at least 2 weeks prior, so that knowled~ of an employee's avaKablllty Is taken Into consideration when making staffing decisions.
Team LAZ
Ryan Dreisbach, Director of Operations: Ryan Is an experienced parking profe5sfonal with knowledge in a vast array of parking verticals. He has a wtde range of ex~rfeoce with Hotets, r~ldentlal buildings, commercial garages, automated garaaes, off airport parking and various shuttle services.
Ryan has a firm understanding of self·parklnil and ~ aspects of Class A managed buildin11s. for LAZ, Ryan currently overseas the East Bay operations as wetl as the 54n Jo~ market. He puts a big focus on the customer experience while successfully managilli revenue and expenst>S. Ryan resides In the Bay Area and 11raduated from Ashford University in San Diego with a degree tn Service Manasernent.
Cindy Hefner, General Manager: Cindy Hefner has been In Parkifli tor 17 years. She ts an accomplished operations executive with hands-on t!)(pericflce in succ6Sfully growing !.ales and revenues, imp<ovlng customer service, and aggressively controllini expenses In competitive market environments. Cindy has a strong track record In identifying, deve-loplng anc:l executing productMty and system Improvements. She offers a wide range of expertise In all areas of parking, Including Managed Garages, Full garage automation operations, Hotel, Valet and Self-Park. Cindy has built a reputation well respected by our clients for excellence In seamless transitions, operational cffieicncy, Implementation of new technology and equipment to maximize revenue. She was oocc named by oor pi1rk1ng propo~al Moritl·ri:y Slrcc-t :>arking Garage, Salir1.i~. CA I LAZ Plrkm~ Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
5. PROJECT STAFFING
client as the customer service genie with an expense reduction wand. Cindy lives In the Bay Area and graduated from Texas Wesleyan University In San Antonio. Ctndy will be responsible for developlog, supporting and Implementing the operations as weH as client communkaUon on a d3y to day basis. In addition she will utilize ~ ability to Implement effectiYe team building skills. Cindy will wor1< dlrectty with onslte personnel to support the transition and ongoing parking operations at Monterey Street Garage.
Lou Fresquez, Human Resources Business Partner: Louis Is known as en ex~rt In the Hum.,n Resourc~ field, overseeing all aspects of our Human Resources for 225+ employees In the Pacific North West Reslon. He has delivered many train!~ prOQrams to hourty and management employ~ and has many years of experience managing payroll and benefits. Not only ts Louis an expert In Human Resources but he has ~tfflSlve parklnti manaaeme,nt e~rlence, he has work~ In the parking ind~try for the last 17 years. Loufs holds a Bachelor of Arts Dearee In Liberal Studies with a minor In Bl.Kin~ from California State University, Hayward. Lou will be responsible for hiring and retaining the employees.
Sandor Dlzes, Controller, Vi ce Pr.slc»nt of Client R~lln1 Service,: SMdor Joined LAZ Parkln11 In 2011 and oversees LA2 Parking's Management Accounting and Reporting team. ~ Is also Involved In lhe financial and administrative ~pport functions performed by our home office and regional teams.
Sandor spent 12 years at two leading regional public accounting firms In the Hartford, CT market where he seNed as a manager provldllli business compliance and tax services primarily to closely-held, middle market companle-s. Prior to Joining LA2 Parkllli, he served as CFO or a private-equity backed third party service provider of dfiltal imaging repair and refurbishment servkes and reverse logistics for Big Box retail~ and all leadllli OEM's In the comomer etectronics Industry. He currently leads a team of 20 highly qualified accountants that servtce rwer 500 managed client locations localed across the country. He Is also a CPA. Sandor w1ll be responsible fOf tracking and compiling the statement and billing each month.
Marty Montano, Senior Controller: Marty brln~ 23 years' operational and financial experience In the parking Industry to these roles. After 12 years as R~lonal Controller In the Northwest responsible for 8 Northwest States comprising 300+ locations and over S200 MHlion in revenue, Marty owned and operated a successful valet parldng business In downtown Seattle before becoming a parking Industry conwltant in the Southern California and Northwe-st markets. Marty araduated from California State University at Northridgc, School of Business and maJOfed in Accounting & Marketinti, Rod Howery - Regional Vice President: Rod Howery has 25 plus years In the San Francisco Parking market. Recently a Regional Vice President for ABM Parking ( the past 12 years), he manaQed operations of Clas, A office bulldtnlilS such as Tran~IT\N'ka Pyramici, ';'i'i C'.;iliforni;i, OnP IMri<N PlllZl'l, to name a few. He is also active In the community, specifically In his 18th year on the SF SOMA Associates Committee, which he also chaired for three years. Active in defeating the proposed Increase or the Parkina Tax (Prop E) in 2006, he is a native San Franciscan and very knowledtieable In the Stln Francisco market.
Form: Professional Services Agreement v. July 2018
l.az Parking, Ca lifomia
November 2018
5. PROJECT STAFFING
John Sv ndblad • s.ntor Vic• Presl<»nt, West Co.st: John currently serves as Senior Vice President for the Western Retton, respons1ble for the overall mana1ement of LAZ Parttln9's operatk>ns and d@velopment In ~ Greater Los Angeles, Northern California and Nort~t ~tons. With his related business expertence, he manaaes financial performance, leads new business lnltfat1ves, creates and nurtures client relationships, and directs tactical measures to ensure alignment with corporate strategic p(ans. John contributes his experience and Is ecttve with Industry organizations, lncludina serving as a ~ of BOMA/GLA's Board of Dlrec:torl. John holds a Bachelor's Petree in BusiMSs Administration from Suffolk University.
Loail Organtzattonal Chart
on y•Str t•G raa••Cuttom ,.
City-of..S.lln••1
p~rldng propo~I >Aontcrcy SlreE-t Parking Go1rage, Salina~, {A I LAZ Parl<ing Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Exhibit C - Compensation
The following pages indicate annual cost of service and work schedules
1. Total Annual Cost of Service: $280,039
2. Daily Schedule
3. Schedule During Transition period
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
p40
p40
p.41
1. Annual Cost of Service
SelaJles, Wages_ & f tinge Benallls
Pa,ml
Pa/ralTa,;es
PTO
Healh lnsmrce
or1'1!rs' Corrpensalion lnsmrce
otJI (SallSles, Wllgesaaclflhllel
OlllerE,ipmses
Insurance Oiatilty, GKU. crime)
PayrOI Fees
Siwles
cile!S/ Recl!ipts
Reverue Cortrol System Maintenance
Slwepng Services
otfa Supplies
Cleani'l~M aintenance
PP.RJS Fees
Ulr00T6
Sjgnage
Cor,ii1-<er Expense
Bn Fees
O'edt card Fees
Base Management Fee 'o1111 e,.,.._ ---
~lllcome
2. Daily Schedule
Employee
Manage,
Attendant#l
Attendant/Maintenance #2
Attendant#3
Attendant#4
Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November 2018
13,765 14,178
1,700 1,751
482 496
1,700 1,700
1,360 1.401
1!1,0C!l 11,5211
700 700
371 371
50 50
1,200
250 250
100 100
25 25
150 150
100 100
500
1.000
125 125
100 100
260 260
1,250 1.250
25,1111 2',1113
(111,114 11,11131
Sunday
X
X
X
7:30a--4p
3:30p-2a
Monterey St. Garage-City of Salinas
14,178 14,178 14,178 14,178 14,178 14,178 14,178 14,178 14,178 14,178 169,723 1,751 1,751 1,751 1,751 1,751 1,751 1,751 1,751 1,751 1,751 20,961 496 496 496 496 496 496 496 496 496 496 5,940
1,700 1,700 1,700 1,700 1,700 1,700 1,700 1.700 1,700 1,700 20,400 1,401 1.401 1,401 1.401 1,401 1,401 1,401 1.401 1.401 1.401 16,769
19.528 11,521 19,SZIS 111,52111 11,5211 11528 19,521 19,Sll 19,5211 ff,Sl!IS ZJS.113 700 700 700 700 700 700 700 700 700 700 8,400
377 371 377 377 371 377 377 377 371 377 4,526
50 50 50 50 50 50 50 50 50 50 600
1,200 2,-400
250 250 250 250 250 250 250 250 250 250 3,000
100 100 100 100 100 100 100 100 100 100 t,200
25 25 25 25 25 25 25 25 25 25 300
150 150 150 150 150 150 150 150 150 150 1,800
100 100 100 100 100 100 100 100 100 100 1,200
500
125 125 125 125 125 125 125 125 125 125
100 100 100 100 100 100 100 100 100
260 260 260 260 260 260 260 260 260
1,250 1,250 1.250 1,250 1,250 1.250 1.250 1,250 1.250
z,m:, ~ 23#1:, zjj» Z\1113 24713 23,013 23,00 Zl,ll'IS 23,813 18,0131 (U'l:ll (8,11131 11.0DI 19,7131 11,11131 18,00} C8Pl31 (8.013I Monday Tuesday Wednesday Thursday Friday Saturday Total Hours Rate of Pay Sa-Sp Ba-Sp Sa-Sp 8a-5p Ba-!ip X 40 S50. 000/yT
7:30a-4p 7:30a-4p 7:30a-4p 7:30a-4p 7:30a-4p X 40 $15/hr X X •:30p-la •:30p-1a 4:30p-1a 6-11:3(Jp 29 $151hr
4:30p-la )( X 2-8p li-11;3(Jp 7:30a--4p 35 5151hr
X 4:J()p-la X 3:30p-2a 28 5151hr
1n
Page40 of65
Note: This schedule accommodates additional staff for the transition period (first sixty days).
Employee Sunday
Manager X
Attendant #1 X
Attendant/Maintenance #2 X
Attendant #3 5:00p-1:30a
Attendant #4 7:45a-4:15p
Attendant #5 2:00-7:30p
Fonn: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Monday
7:0Da-3:30p
5:3Da-2:00p
X
3:30-9:()()p
X
8:00p-1:30a
Alternate Schedule
Monterey Street Garage Employee Schedule
Tuesday Wednesday Thursday Friday Saturday
7:00a-3:30p 7:00a-3:30p 7:00a-3:30p 7:00a-3:30p X
5:30a-2:00p 5:3Da-2:00p 5:30a-2:00p 5:30a-2:00p .
6:30p-1:3Qa 6:30p-1:30a 6:30p-1:3Qa 6:30p-2:30a X
X 1:30-7:00p X 1:00-6:30p 6:00p-2:30a
1:45-7:45p X 1:45-7:45p X 7:45a-4:15p
X X X 6:00p-1:30a 3:30-10:00p
Total Hours Per Year Rate of Pay
40 $ 4,167 $50,000/yr
40 $ 3,333 $19.23/hr
27 $ 1,404 $12/hr
31 $ 1,612 $12/hr
27 $ 1,404 $12/hr
23 $ 1.196 $12/hr
188 s 13,116
Exhibit D - Labor Law Requirements
DEPARTMENT OF INDUSTRIAL RELATIONS' STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department oflndustrial Relations ("DIR"). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with § 1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code § 1813 and §1815. The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code§ 1720 et seq.,§§ 1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code § 1775), including the rates for holidays and overtime work (Labor Code §§ 1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.
The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR's website at: https://www.dir.ca.gov/oprVDPreWageDetermination.htm.
Copies of the prevailing rate of per diem wages are on file at City's Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.
2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards' ("DAS") Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.
Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§ 1775 and 1777.7.
3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records ("CPRs") pursuant to Labor Code § 1776. Additionally, all Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November 2018
contractors and subcontractors must furnish certified payroll records into the DIR's Electronic Certified Payroll Reporting ("eCPRs") database (https ://efiling.d ir. ca. gov/ eCPR/pages/ eCPR OnlineF onn. j sp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code § 1 777.
4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement when that work is in an excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
See Public Contracts Code §4104.
5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code § 1 771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code § 1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.
6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR's website at:
http://www.dir.ca.gov/wpnodb.html.
7. Nondiscrimination in Employment - Equal Employment Opportunity ("EEO"):
Employment discrimination is prohibited, pursuant to Labor Code § 1777 .6, the Government Code, and Title VII of the Civil Rights Act of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting "kickbacks" from employee wages pursuant to Labor Code § 1778.
9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code § § 1 779 and 1780.
10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§ 17200 - 17208.
11. Workers' Compensation: Contractors and subcontractors must be properly insured for Workers' Compensation under Labor Code § 1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3 700 of the Labor Code, which require every employee to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
Form: Professional Services Agreement v. July 2018
Laz Parking, California
November 2018
Page43 of65
Exhibit E - Request for Proposals
SALINAS BICK IN LAND 111:lCH •N VALUA:.
Public Works Department
Request for Proposal (RFP) for
Professional Services
Monterey Street Parking Garage
Operation
Submit Written Questions regarding RFP: 3:00 p.m.
Pre-proposal Meeting: 10:00 a.m.
RFP submittal deadline: 3:00 p.m.
Contact:
(Email address)
Form: Professional Services Agreement v. July 2018
I..az Parking California, LLC
November 2018
CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
200 LINCOLN AVENUE
SALINAS,
CA93901
(831) 758-
7241
Wednesday, May 23, 2018
Wednesday, May 30, 2018
Friday, June 8, 2018
James Serrano
Transportation Manager
[email protected]
Page44 of65
REQUEST FOR PROPOSAL (RFP) FOR
PROFESSIONAL SERVICES
TITLE: MONTEREY STREET PARKING GARAGE OPERATION
1. INTRODUCTION
The City of Salinas is seeking proposals from qualified firms to provide services for efficient and professional operations for parking garage management and wishes to engage these services without incurring capital outlay or adding City employees. Therefore, the city is seeking proposals from organizations that can provide garage management services. The City is seeking a multi-year contract with a qualified, professional and highly motivated firm or consortium to perform daily parking garage operations. The required services and performance conditions are described in the Scope of Work (or Services).
2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for your review and submittal (see asterisk):
Attachment A - Proposer's Information Form*
Attachment B - Scope of Work/Services
Attachment C - Sample Agreement for Professional Services Attachment D - Sample Table, Qualifications of Firm Relative to City's Needs Attachment E - Cost Proposal Format
The items identified with an asterisk (*) shall be filled out, signed by the appropriate representative of the company and returned with submittal.
3. INSTRUCTIONS TO PROPOSERS
3.1 Pre-proposal Meeting
A pre-proposal meeting will be held on Thursday, May 30, 2018 at 10:00 a.m. All prospective Proposers are required to attend. Location:
Salinas City Hall Rotunda, 200 Lincoln Avenue, Salinas
3.2 Examination of Proposal Documents
The submission of a proposal shall be deemed a representation and certification by the Proposer that they:
1 3.2.1 Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.
3.2.2 Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.
3.2.3 Represent that all information contained in the proposal is true and correct.
3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal.
3.2.5 Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.
No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition.
3.3 Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the City no later than 3:00 p.m., Wednesday, May 23, 2018. Correspondence shall be emailed to [email protected].
Responses from the City will be provided to all at the Pre-proposal meeting.
Inquiries received after the date and time stated may not be accepted and will be returned to senders without response. All addenda shall become a part of this RFP and shall be acknowledged on the Proposer's Form.
The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives.
3.4 Submission of Proposals
In order to submit bids/proposals to the City of Salinas you must comply with the following:
Please reply to the Public Works Department using the forms provided herein (use additional sheets if necessary), via E-Mail, or overnight delivery to:
Department of Public Works
City of Salinas
2 200 Lincoln Avenue
Salinas, CA 93901
Emails can be sent to:
James Serrano, Transportation Manager, [email protected]~ Questions are also welcome and can be directed to the same.
Proposals must be received no later than 3:00 p.m. on Friday, June 8, 2018. All proposals received after that time will be returned to the Proposer deemed as disqualified.
3.5 Local Ordinances
All contractors are required to comply with all the requirements of the City of Salinas Local Hiring Preference Ordinance 2330, Salinas City Code Chapter 12, Article IV.
In determining the lowest bid for a public works contract that exceed $5,000, a qualified local business shall receive a five-percent (5%) preference, per the City's Local Purchasing Preference Ordinance (Sec. 12-28.050 and Sec. 12-28.060).
3.6 Withdrawal of Proposals
A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer.
3. 7 Rights of the City of Salinas
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:
• Make the selection based on its sole discretion;
• Reject any and all proposals;
• Issue subsequent Requests for Proposals;
• Postpone opening for its own convenience;
3 • Remedy technical errors in the Request for Proposals process; • Approve or disapprove the use of particular subconsultants; • Negotiate with any, all or none of the Proposers;
• Accept other than the lowest offer;
• Waive informalities and irregularities in the Proposals and/or • Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.
An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer.
4. PROPOSED TENTATIVE TIMELINE
The tentative RFP timeline is as follows:
RFP Issued May 11, 2018
Deadline for questions, clarifications 3:00 p.m., Friday, May 23, 2018 Pre-Proposal Meeting 10:00 a.m., Wednesday, May 30, 2018 Proposals Due 3:00 p.m., Friday, June 8, 2018
Finalist Identified Week of June 11, 2018
Interviews (if needed) Week of June 14, 2018
Proposal selection and contract preparation Week of June 14, 2018 (tentative) Contract awarded June 2018 (tentative)
Work commences July 2018 (tentative)
4 5. INFORMATION TO BE SUBMITTED (to be submitted in this order only) These instructions outline the guidelines governing the format and content of the proposal and the approach to be used in its development and presentation. The intent of the RFP is to encourage responses that clearly communicate the Proposer's understanding of the City's requirements and the Proposer's approach to successfully provide the products and/or services on time and within budget (See project Scope of Work-Attachment 8). Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specifically and explicitly related to the RFP and proposal, e.g. brochures, marketing material, etc. will not be considered in the evaluation.
All proposals shall address the following items in the order listed below and shall be numbered 1 through 8 in the proposal document. Proposals shall not exceed thirty (30) pages.
5.1 Chapter 1 - Proposal Summary
This Chapter shall discuss the highlights, key features and distinguishing points of the Proposal. A separate sheet shall include a list of individuals and contacts for this Proposal and how to communicate with them. Limit this Chapter to a total of three (3) pages including the separate sheet.
5.2 Chapter 2 - Profile on the Proposing Firm(s)
This Chapter shall include a brief description of the Prime Proposer's firm size as well as the proposed local organization structure. Include a discussion of the Prime Proposer firm's financial stability, capacity and resources. Include all other firms participating in the Proposal, including similar information about the firms.
Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting form (a) any public project undertaken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the consultant or its insurers within the last five years.
5.3 Chapter 3 - Qualifications of the Firm
This Chapter shall include a brief description of the Proposer's and subProposer's qualifications and previous experience on similar or related 5 projects. Provide in a table format (see Sample Table, Attachment D) descriptions of pertinent project experience with other public municipalities and private sector that includes a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of client's to be contacted for references. Give a brief statement of the firm's adherence to the schedule and budget for the project.
This chapter shall include information regarding any relationships with firms and/or individuals who may submit proposals in response to the RFPs being developed.
5.4 Chapter 4 - Work Plan or Proposal
This Chapter shall present a well-conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the Proposer understands the City's objectives, work requirements, and Proposer's ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required services and the firm's ability to meet the City's schedule, outlining the approach that would be undertaken in providing the requested services.
5.5 Chapter 5 - Proposed Innovations (Optional)
The Proposer may also suggest technical or procedural innovations that have been used successfully on other engagements and which may provide the City with better service delivery. In this Chapter discuss any ideas, innovative approaches, or specific new concepts included in the Proposal that would provide benefit to the City.
5.6 Chapter 6 - Project Staffing
This Chapter shall discuss how the Proposer would propose to staff this project. Key project team members shall be identified by name, title and specific responsibilities on the project. An organizational chart for the project team and resumes for key Proposer personnel shall be included. Key personnel will be an important factor considered by the review committee.
Changes in key personnel may be cause for rejection of the proposal.
5. 7 Chapter 7 - Proposal Exceptions
This Chapter shall discuss any exceptions or requested changes that Proposer has to the City's RFP conditions, requirements and sample 6 contract. If there are no exceptions noted, it is assumed the Proposer will accept all conditions and requirements identified in the Attachment C - "Sample Agreement for Services." Items not excepted will not be open to later negotiation.
5.8 Chapter 8 - Proposal Costs Sheet and Rates
The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Provision of this information assists the City in determining the firm's understanding of the project, and provides staff with tools to negotiate the cost, provide in a table (See Table, Attachment E).
Consultant shall provide the following information
5.8.1 Direct labor rates for proposed staff;
5.8.2 Overhead rate and breakdown of overhead elements;
5.8.3 Subconsultant billing rates and mark-up percentage for ODC's (other direct costs); and identify all reimbursable expenses.
Most recent complete financial instrument that would establish Proposer's ability to complete the obligations of the contract resulting from this solicitation. Proposers need to submit their last two audited financial statements (e.g., balance sheet, income statement, and statement of cash flow).
This Chapter shall include the proposed costs to provide the services desired.
Include any other cost and price information, plus a not-to-exceed amount, that would be contained in a potential agreement with the City. The hourly rates may be used for pricing the cost of additional services outlined in the Scope of Work.
PLEASE NOTE: The City of Salinas will not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits.
6. CONTRACT TYPE AND METHOD OF PAYMENT
It is anticipated that the agreement resulting from this solicitation, if awarded, will be a not-to-exceed budget per task form of contract. A Sample Agreement of Services is provided as Attachment C. The method of payment to the successful Proposer shall be on a per task basis with a maximum "not to exceed" fee as set by the Proposer in the proposal or as negotiated between the Proposer and the City as being the maximum cost to perform all work. This figure shall include direct costs and overhead, such as, but limited to, transportation, communications, subsistence 7 and materials and any subcontracted items of work. Billing shall be conducted monthly.
Proposers shall be prepared to accept the terms and conditions of the Agreement, including Insurance Requirements in Attachment C. If a Proposer desires to take exception to the Agreement, Proposer shall provide the following information in Chapter 7 of their submittal package. Please include the following:
• Proposer shall clearly identify each proposed change to the Agreement, including all relevant Attachments.
• Proposer shall furnish the reasons for, as well as specific recommendations, for alternative language.
The above factors will be taken into account in evaluating proposals. Proposals that take substantial exceptions to the proposed Agreement may be determined by the City, at its sole discretion, to be unacceptable and no longer considered for award.
Insurance Requirements
The selected Proposer( s ), at Proposer's sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined within sample agreement document in Attachment C.
All policies, endorsements, certificates and/or binders shall be subject to the approval of the City Attorney as to form and content. The selected Proposer agrees to provide the City with a copy of said policies, certificates and/or endorsement upon award of contract.
7. REVIEW AND SELECTION PROCESS
City staff will evaluate the proposals provided based on the following criteria:
7 .1 Cost of services;
7.2 Experience;
7.3 References from similar programs, indicating that contractor has performed services professionally with a positive impact on the community;
7.4 Level of customer service;
7.5 Implementation Plan;
A selection committee will make a recommendation to the Public Works Department that will in turn forward said recommendation to the City Council. The acceptance of the proposal will be evidenced by written Notice of Award from the City Public Works Department to the successful Proposer after Council approval.
8 8. ORAL INTERVIEWS
Proposers may be required to participate in an oral interview. The oral interview will be a panel comprised of members of the selection committee.
Proposers may only ask questions that are intended to clarify the questions that they are being asked to respond.
Each Proposer's time slot for oral interviews will be determined randomly.
Proposers who are selected shall make every effort to attend. If representatives of the City experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration.
9. PUBLIC NATURE OF MATERIALS
Responses to this RFP become the exclusive property of the City of Salinas. All proposals received in response to this RFP becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary". The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as nonresponsive.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Salinas may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," or "Proprietary," the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.
10. COLLUSION
By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. 9 11. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:
11.1 Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal;
11.2 Any attempt to improperly influence any member of the evaluation team;
11.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
11.4 Evidence of incorrect information submitted as part of the proposal;
11.5 Evidence of Proposer's inability to successfully complete the responsibilities and obligation of the proposal; and
11.6 Proposer's default under any previous agreement with the City, which results in termination of the Agreement.
12. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for nonacceptance of the proposal, at the sole discretion of the City.
13. GRATUITIES
No person shall offer, give or agree to give any City employee any gratuity, discount or offer of employment in connection with the award of contract by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a city contract.
14. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL
In order to avoid any conflict of interest or perception of a conflict or interest, Proposer(s) selected to provide professional services under this RFP will be subject to the following requirements:
14.1 The Proposer( s) may not have interest in any potential Proposer for the ultimate procurement.
10 ~ End of Section ~
11 Attachment A
Proposer's Information Form
PROPOSER (please print):
Name:
Address:
Telephone: Email: ---------- -------------
Contact person, title, email, and telephone: _________ _ Proposer, if selected, intends to carry on the business as (check one):
□ Individual □ Joint Venture
□ Partnership
D Corporation
When incorporated? _____ _
In what state?
When authorized to do business in California?
□ Other (explain): ____________________ _
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal:
Addendum number(s) received: D1; D 2; D 3; D 4; D 50 6; Or, D ____ No Addendum/Addenda Were Received (check and initial). PROPOSER'S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
Attachment A- Proposer Information continued .. .
1. If Proposer is INDIVIDUAL, sign here
Date: ------ Proposer's Signature
Proposer's typed name and title
2. If Proposer is PARTNERSHIP or JOINT VENTURE; at least two (2) Partners shall sign here:
Partnership or Joint Venture Name (type or print)
Date: ------ Member of the Partnership or Joint Venture signature Date: ------ Member of the Partnership or Joint Venture signature
3. If Proposer is a CORPORATION, the duly authorized officer shall sign as follows: The undersigned certify that he/she is respectively:
and -------- ------ ------------ Signature Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION.
Corporation Name (type or print)
By: ________________ Date: ______ _
Title: -----------------
City of Salinas - Monterey Street Parking Garage Management RFP 2
ATTACHEMNT B - SCOPE OF WORK
Project Background:
The City is implementing the Downtown Vibrancy Plan to make downtown Salinas a destination with goals and objectives to revitalize downtown. The Vibrancy Plan recognizes the importance of managing the City's parking assets in downtown Salinas which include two parking garages and several open parking lots and its inventory of on-street parking. Towards these goals, the Public Works Department has taken over parking enforcement functions, consolidated its parking programs and is developing a holistic strategy for parking management. The renewal of the Monterey Street Parking Garage Management is one of the tasks towards management of the downtown parking district.
Description of Project:
The City of Salinas desires efficient and professional parking garage operations. Therefore, the city is seeking proposals from organizations that can provide Parking Garage Management Services with the goal to provide responsible, reliable garage operations and excellent customer service. The City is seeking a multi-year contract with a qualified, professional and highly motivated firm or consortium to perform parking garage operations. The selected provider shall work with the City's parking operations staff.
The Garage is located next to the National Steinbeck Center/Cal State Monterey Bay at Salinas Center, and the Maya Cinema 16-theatre movie complex. Together they comprise the core of the 15-block historic downtown Salinas (see Figure 1).
The City is interested in entering into a two- or five-year agreement, which will include an additional five (5) year option for renewal (see attachment 2).
Monterey Street Parking Garage Details
• 435 space capacity
• Hours
Monday-Thursday
Friday
Saturday
Sunday
5:30 a.m. - 1 :00 a.m.
5:30 a.m. - 2:00 a.m.
8:00 a.m. - 2:00 a.m.
8:00 a.m. - 1:00 a.m.
• Parking Rates
Transient (Hourly)
Monthly
50 cents/hour. Daily Maximum $4.00
$20/month
• Transient Parking in the Garage:
145,000 Theater Parkers @3 hrs each per year
15,600 other transient spaces per year
I
OISl
LEGEND
- Property Owned by Former
Rede\lelopmenl Agency
- City of Salinas
Owned Property
SACRED HEART
SCHOOL t;
ClAYST
PLAY LOT
f
- County or Monterey
u s Go\lernment
Figure 1
E o,.B
--
Sl
~.,,
..
--~ -4 I\
- Salinas Elementary School District
- Boundary Planning Area
Monterey Street
Parking Garage
City ol Salinas 100 L ~ 4....-..
~ CA~~I
Selection Criteria and Process
The City's selection of a parking vendor to operate the Garage will be based upon experience, quality references, cost of services, level of customer service and implementation plan. The City will use a panel of three (3) persons to review all submitted proposals. The panel will select two (2) operators for interviews. Based on the combined scoring of the original proposals and the operator interviews, the panel will select a preferred operator. The City's representative will meet with the preferred operator to negotiate an agreement acceptable to the City. If an agreement cannot be reached with the preferred operator, the City's representative will move to the operator ranked second. When an acceptable agreement has been reached, the Public Works Director will prepare a staff report recommending approval of an operating agreement for the Monterey Street Garage.
Fiscal Responsibilities
The Contractor will be responsible for the daily processing of deposits and expenses. Garage revenue will be accounted for separately from the expenses. "Revenue" for the purposes of this proposal, are those funds derived directly from the Garage as they relate to transient parking fees and monthly permits. "Revenue" does not include City generated monies from advertising on the building or special events held at the structure. Revenues are based solely upon deposit amounts, and not based upon the actual spaces used. The City reserves the right to confirm reconciliations of revenue, prior to issuing payments for any incentive fees. A trust fund will be established in a mutually dedicated bank account for daily transactions performed by the Contractor. All revenues will be sent to the City with a monthly check with a weekly reconciliation attached. The City will then approve the payment of the management fee as they may be applicable. The Contractor will not pay itself.
Payment for all direct costs, within those parameters defined in the maintenance section, will be paid by check by the Contractor from the trust account as needs arise. Use of cash for direct costs is to be discouraged and will not exceed $50 per week. All direct expenses will be reconciled monthly and submitted to the City. The City will then reimburse the trust account to an agreed minimum threshold.
The City reserves the right to review the expense records and audit transactions periodically. The City will call into question any unreasonable transactions as they may occur from time to time. The City reserves the right to make changes to sub-contractors if the service they provide is too costly or ineffective. A quarterly review between the City and Contractor will be established to review these transactions.
Pei-sonnel/Statlmg
The firm selected for the contract, and all of its personnel, should demonstrate an exceptional familiarity with parking garage management. Most importantly, the firm chosen should demonstrate a superior understanding of operational requirements, public relations, and customer service practices.
The contractor will be responsible for all aspects of recruitment, selection, and initial and on-going training of personnel, so the contractor shall employ only persons competent and skilled and shall provide responsible supervision for each individual employed. The contract service provider shall not use discriminatory hiring practices in regard to ethnic origin, race, religion, gender, sexual orientation, and physical or mental disability. The contractor must adhere to all existing Government Code and City nondiscrimination policies, and the contractor's personnel shall at all times be polite and courteous to all citizens and City staff. The contractor's personnel shall be required to speak and write and communicate effectively to the City's customers, residents and visitors and bilingual skills are recommended to better serve the City's Spanish speaking community. The contractor will be responsible for assuring employee compliance with all laws and regulations, responding to inspections/audits by regulatory agencies, and paying any fines or assessments levied by regulatory agencies. In addition, the contract service provider will be responsible for all personnel supervision, discipline, and termination actions. However, the City may require the removal of any Contractor's personnel, when it is determined to be in the best interest of the City, at any time.
The contractor must provide a thorough background investigation on all potential employees, including but not limited to criminal/driving history, outstanding violations, polygraph and/or psychological exams, medical history, prior work issues and a skills assessment test. As the individuals selected for the process will be representing the City of Salinas on a day-to-day basis, the selection criteria are expected to be stringent. Employees should also be interviewed by City of Salinas staff prior to approval.
The contractor shall be responsible for the conduct, demeanor, and appearance of all employees.
All employees shall act in a courteous and respectable manner while on duty, and in during any interactions with the public. The City of Salinas seeks to maintain the highest level of customer service, and employees must be attentive, alert, and responsive when dealing with customers' issues, needs, or complaints.
Please include a detailed sheet in your proposal which outlines compensation and benefits costs for each position listed in your staffing plan. The City will also require documentation that background checks on all Contractor employees have been successfully completed to the satisfaction of the Contractor, prior to the employees working in the Garage. A simple E-Mail to the City's representative announcing the start of a new employee will suffice. No employees will begin work in the Garage without first having received the approval from the City's representative. All employees with access to money will be bonded by the Contractor. City reserves the right to review and comment on the performance of employees, and recommend corrective action and/or removal from future work at the Garage.
The Contractor shall select and hire only persons who are well-qualified to perform the duties for their respective job positions, and should provide classifications of all employee positions within their proposal, including a job description.
Classifications might include, but are not limited to:
• Parking Garage Supervisor/Manager: Assist the parking enforcement staff with day-today operations and staffing issues. Supervisor shall be responsible to report with the on a monthly basis and provide updates on the operations, any feedback from the public, incidents and number of citations issued. A supervisor should possess sufficient IT knowledge to be able to handle equipment issues .
•
• Parking Garage Staff: Responsible for the day-to-day management of operations. These individuals must have the capacity to act as "Ambassadors" for the City, providing information about the parking garage ..
The contractor should provide performance metrics for each position so that performance evaluations may take place.
Prompt Action on Maintenance Issues
The trust fund allows the Contractor to act quickly to address deficiencies in the facility or the operation without first receiving City approval. In general, the operation of the computerized parking equipment, phones, lights, signage and other systems will be the responsibility of the Contractor. Maintenance will be performed via work order, and a log will be kept to track repairs.
At least once a week, the City's representative and Contractor's supervisor will tour the facility.
A daily inspection by maintenance staff will occur once per day. Contractor will provide a daily, weekly, and monthly inspection form to be used in the facility with this request for proposals.
All parking equipment malfunctions will be reported within one hour of the first recognition to both the equipment vendor (in an effort to quickly schedule repair service), and to the City's representative. All repairs made under warranty (as an example but not limited to the exhaust fans, elevator and parking computer systems) will be reported immediately to the City's representative.
The Contractor is required to address any maintenance deficiency posing a threat of injury or property damage to the public or employees at an estimated of a cost of less $1,000 within 24 hours and to report the circumstances to the City's representative within 48 hours. The Contractor is required to bring any maintenance deficiency posing a threat of injury or property placing the public or employees at risk of a cost of more than $1,000 immediately to the City's attention by contacting the City's representative by cell phone or landline.
Security
The City and contractor will share this responsibility. City is responsible for the enforcement of all laws, and the police department will be the Contractor's first point of contact if a violation occurs.
This will include towing of abandoned vehicles, parking violations, and the violation of other laws.
The City will pay directly for a security company to monitor the alarms and for surveillance of the video cameras. The Contractor's attendant stationed at the cashier booth will also be able to monitor these cameras as provided by the equipment located therein. The City will establish an on-call list for 24-hour emergencies. The City will be responsible for the maintenance and safety checks of fire extinguishers, fire sprinkler systems, alarm system maintenance and repairs.
Contractor will provide adequate training as to the safety features of the facility, and provide, in an obvious agreed upon location, a list of all emergency contact phone numbers. Contractor will provide all forms of communication to be used between the two staff members on site ( cell-phone, 2-way radio etc). Contractor employees are responsible for contacting the City to report suspicious behavior, unusual circumstances, be a witness in the event they see a crime, and help to defend the City against any claims for damages. Contractor is responsible for the opening, closing and securing of the facility per scheduled operating hours. Contractor employees will assist in emergencies by directing traffic, blocking lanes, and controlling public egress and ingress as needed to secure sections or all of the garage until City staff can respond to relieve them.
Proposal Requirements
Proposals shall not exceed thirty (30) pages and shall include the following information:
•
•
•
•
•
•
•
•
Company Information: Company history and experience in parking operations, annual revenues, Regional representative, Facility References (including Monterey Bay region references),
Operations and Staffing Plan: Include the number of cashiers, maintenance staff, facility manager and operations manager. Include specific shift schedules, and compensation, Operating Budget: Include a twelve (12) month operating budget based on anticipated revenue information (provided by City) and operators' identified opearting expenses for the garage, Management Fee: This fee represents the overhead costs associated with garage operations and the operators' profit,
Set Up Expenses: Expenses required to begin operations at the garage, Monthly Operating Statement: A sample of the operating statement which will include a complete detailed statement of revenues and expenses, with receipts to support all expenditures.
Capital Allowance: Include a recommended capital allowance for the Garage, Samples of the following policies:
o Facility Auditing
o Employee Training, and
o Customer Service/Relations
Attachment D
SAMPLE TABLE FORMAT
QUALIFICATIONS OF FIRM RELATIVE TO CITY'S NEEDS
Project Name I Client I Description of work I Total Project Cost I Percentage of work I Period work was I Client contact performed firm as responsible for completed information* Did your firm meet the project schedule (Circle one}: Yes No Give a brief statement of the firm's adherence to the schedule and budget for the project:
I I I I I !
Did your firm meet the project schedule (Circle one} : Yes No Give a brief statement of the firm's adherence to the schedule and budget for the project:
I I I I I I
Did your firm meet the project schedule (Circle one} : Yes No Give a brief statement of the firm's adherence to the schedule and budget for the project:
I I I I I I
Did your firm meet the project schedule (Circle one} : Yes No Give a brief statement of the firm's adherence to the schedule and budget for the project:
•include name, title and phone number.
City of Salinas RFP Parking Garage Management
Attachment E
SAMPLE COST PROPOSAL FORMAT - RFP
(The City is looking for a submittal in this format - content should match cost for scope of services required)
Scope
Task 1
TOTAL NOT TO EXCEED, TASK 1
Task2
TOT AL NOT TO EXCEED, TASK 2
Task3
TOTAL NOT TO EXCEED, TASK 3
TOTAL NOT TO EXCEED
(TASKS 1 -3)
Form: Professional Services Agreement v. July 2018
Laz Parking California, LLC
November 2018
Labor Categories Est. Hourly
(e.o., Consultant, Sr. Consultant, etc.) Hours Rate
$
$
$
$
$
$
$
$
$
$
$
$
$
Page21 of65
Extended
Rate
$
$
$
$
$
$
$
$
$
$
$
$
$
DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 Regional Vice President
Rod Howery
DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 RESOLUTION NO. 22022 (N.C.S.)
A RESOLUTION AUTHORIZING THE EXTENSION OF THE MONTEREY STREET
GARAGE MANAGEMENT AGREEMENT WITH LAZ PARKING CALIFORNIA, LLC FOR THREE YEARS AT A COST NOT TO EXCEED $259,186.16 ANNUALLY WHEREAS, the City is in the process of managing Downtown parking operations to provide sustainable city services in the Downtown Parking District; and WHEREAS, in 2018 the City conducted a request for proposal (RFP) for the operations of the Monterey Street Parking Garage; and
WHEREAS, in 2018 the City awarded a contract to Laz Parking California, LLC for operations of the Monterey Street Parking Garage expiring in December 31, 2020; and WHEREAS, Laz Parking has been a partner to the city in the operations of the Monterey Street Parking garage and has been responsive to service needs; and WHEREAS, because of uncertain parking demand due to the 2020 pandemic, the City negotiated an extension agreement with tiered terms and compensation that anticipates a gradual restoration of activity in downtown.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute a three-year agreement with Laz Parking California, LLC with tiered compensation and terms for an amount not to exceed $259,186.16 annually.
PASSED AND APPROVED this 8th day of December 2020, by the following vote:
AYES: Councilmembers: Barrera, González, McShane, Osornio, Rocha and Mayor Craig NOES: Councilmember Cromeenes
ABSENT: None
ABSTAIN: None
APPROVED:
_____________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 09CB76A1-A611-4F4B-BEBD-A16A98B515C9 DocuSign Envelope ID: 59F11A50-BA0E-479C-B1AF-51F53889E090 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-591, Version: 1
Amended and Restated Agreement with Dudek for preparation of Urban Forestry Management Approve a Resolution approving an Amended and Restated Agreement in the amount of $142,800 with Dudek for the preparation of an Urban Forest Master Plan.
City of Salinas Page 1 of 1 Printed on 10/26/2022
powered by Legistar™
Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: NOVEMBER 1, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: AMENDED AND RESTATED AGREEMENT BETWEEN THE
CITY OF SALINAS AND DUDEK FOR THE PREPARATION OF
AN URBAN FORESTRY MANAGEMENT
RECOMMENDED MOTION:
A motion to approve a Resolution for an Amended and Restated Agreement in the amount of $142,800 between the City of Salinas and Dudek for the preparation of an Urban Forest Master Plan.
RECOMMENDATION:
It is recommended that the City Council approve a resolution approving an Amended and Restated Agreement in the amount of $142,800 between the City of Salinas and Dudek for the preparation of an Urban Forest Master Plan, Project No. 9043.
BACKGROUND:
In December 2020 Council authorized a Resolution as required by the Cal Fire Forestry Grant to receive just over $250,000 in State funds for the Urban Forestry program. Specifically, these funds will be used for preparation of an Urban Forest Management Plan (UFMP) and planting of 300 trees on City properties (Resolution No. 22024).
In October 2021 Council approved a Professional Services Agreement between the City of Salinas and Dudek for the preparation of an Urban Forest Master Plan and to formally accept the grant funds from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection (Resolution No. 22234).
However, the original agreement approved by Council has expired and requires revision to the terms to extend the completion date and by an additional year.
Page | 2
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The proposed project and agreement meet the City Council’s Strategic Plan Initiatives of Infrastructure and Environmental Sustainability. The Urban Forest Master Plan is an important step towards investing in and maintaining the City’s green infrastructure which contributes to a vibrant City while generating community pride and improving climate resiliency.
DEPARTMENTAL COORDINATION:
This project will rely on coordination between Finance, and the Forestry and Water, Waste and Energy (WWE) divisions in Public Works. WWE will coordinate the overall execution of the UFMP, with the Forestry Division providing valuable input to the master plan from an operations perspective. In addition, coordination with Finance for project billing and reporting will be required.
FISCAL AND SUSTAINABILITY IMPACT:
No additional City funds are required for this action. The total estimated annual cost for the scope of work contained in the Agreement is $142,800. A total of $156,750 have been previously allocated in 5800.50.9043-63.5010 (Professional Services). The awarded grant budget also allows up to a total of $156,750 that may be spent on the preparation of the UFMP.
ATTACHMENTS:
Resolution
Amended and Restated Agreement City of Salinas and Dudek for the Urban Forest Master Plan Page | 1
RESOLUTION NO. (N.C.S.)
AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SALINAS
AND DUDEK FOR THE PREPARATION OF AN URBAN FORESTRY MANAGEMENT WHEREAS, in December 2020 Council authorized a Resolution as required by the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection (CalFire) to receive $252,840 in State funds for the Urban Forestry program to be used for preparation of an Urban Forest Management Plan and planting of 300 trees on City properties (Resolution No. 22024); and
WHEREAS, CalFire awarded Salinas said funds in an agreement executed February 18, 2021; and
WHEREAS, in October 2021 Council approved a Professional Services Agreement between the City of Salinas and Dudek for the preparation of an Urban Forest Master Plan and to accept grant funds from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection (Resolution No. 22234); and WHEREAS, the aforementioned agreement has expired and requires revision to the terms to extend the completion date and by an additional year; and WHEREAS, an Amended and Restated Professional Services Agreement was drafted to reflect these changes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the Amended and Restated Agreement between the City of Salinas and Dudek to for the preparation of an Urban Forest Master Plan update (Project No. 9043) in the amount of $142,800 is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amended and Restated Agreement between the City of Salinas, a Charter City, and Dudek, a California Corporation.
PASSED AND APPROVED this 1
st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
AMENDED AND RESTATED
AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND DUDEK
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96 Contents
RECITALS ................................................................................................................................. 1 TERMS ....................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation ...................................................................................................................... 1
4. Billing .................................................................................................................................. 1
5. Meet and Confer. ................................................................................................................. 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant. ............................................................................................... 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance. ............................................................................................................................. 3
12. Access to Records. ............................................................................................................... 3
13. Assignment. ......................................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 4
15. Ownership of Documents. ................................................................................................... 4
16. Termination. ......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated. .......................................................................................................... 5
19. Independent Contractor. ....................................................................................................... 5
20. Integration and Agreement. ................................................................................................. 5
21. Jurisdiction. .......................................................................................................................... 5
22. Severability. ......................................................................................................................... 5
23. Notices. ................................................................................................................................ 6
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 7
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees .................................................................................................................... 7
28. Non-Exclusive Agreement. .................................................................................................. 7
29. Rights and Obligations Under Agreement. .......................................................................... 7 DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
30. Licenses................................................................................................................................ 7
31. Counterparts. ........................................................................................................................ 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation. ............................................................................................................ 8
34. Warranty of Authority.......................................................................................................... 8
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants .......... 9 Exhibit B- Scope of Services; Compensation .......................................................................... 12 Scope of Services ..................................................................................................................... 12 Exhibit B- Scope of Services; Compensation .......................................................................... 14 Fee Schedule ............................................................................................................................. 14 Exhibit B- Scope of Services; Compensation .......................................................................... 15 Fee Schedule ............................................................................................................................. 15 Exhibit B- Scope of Services; Compensation .......................................................................... 16 Consultant Rates ....................................................................................................................... 16 DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96 Enviro. Prof. Services Agreement v. January 2021 Page 1 of 13 Dudek – Amended and Restated
November 2022
AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND DUDEK
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1st day of November, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Dudek, a California corporation company, (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall be deemed to have commenced on October 26, 2021, and shall terminate August 31, 2023, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed One hundred forty-two thousand eight hundred dollars ($142,800).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A)A brief description of services performed;
(B) The date the services were performed;
(C)The number of hours spent and by whom;
(D)A brief description of any costs incurred; and
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs.
11. Insurance.
Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibit B of this Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Ryan Allen
Project Manager
Dudek
725 Front Street, Suite 400,
Santa Cruz, CA 95060
With a copy to:
Dudek
605 3rd Street
Encinitas, CA 92024
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Joseph Monaco
Its: President/CEO
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractor’s Pollution Liability (“PLL”) and/or Asbestos Pollution Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Consultant pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of Agreement of work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Exhibit B- Scope of Services; Compensation
Scope of Services
Consultant will initiate the project with a kickoff meeting between City staff and Dudek team to identify specific project goals and confirm reporting and communication procedures.
Following the project kickoff meeting. Contractor will meet monthly (virtually and/or in person, as state public health restrictions allow) with City staff to discuss scope of work details, desired deliverables, schedules, community engagement strategies, and existing tree planting efforts, as well to identify criteria for documenting and developing the UFMP. The monthly meetings will occur throughout the duration of the project and will be the chief way the City will be informed of project progress.
Consultant will use i-Tree Eco tools, canopy cover and tree inventory data, the 2015 Urban Forest Assessment, 2014 Green Atlas, 2015 Alisal Neighborhood Revitalization Strategy Area, and a review of tree management practices to conduct a through analysis of the status of the City’s publicly managed urban forest.
Consultant will use i-Tree software to analyze the tree inventory, and to calculate the economic value of the City’s urban forest and the cost benefits of strategic tree and forest investments.
Dollar amounts will be provided for these benefits, which will be useful for education, long-term planning, and securing tree program funding. Contractor will calculate the City’s return investment into its urban forest by measuring the current level of investment against what the City receives in ecosystem services and the urban forest’s asset value.
Consultant will review the existing tree canopy cover assessment within the Urban Forest Assessment and obtain and analyze new canopy cover data for the City and also will conduct an image-based mapping of urban tree canopies within the City using aerial imagery from 2021.
Consultant will provide a framework for determining the City’s tree canopy goals as City as they apply to the urban forest’s health, equity and related community benefits. Contractor will work with the City to develop long-and short-term canopy goals and stocking level goals for each of the City’s zoning designations based on industry standards. Calculations for tree planting scenarios will be conducted for 5- and 10-year goals as well as longer-term goals, indicating how many trees will need to be planted each year to meet canopy and stocking level goals. Also, will provide recommendations for the preservation and sustainability of the City’s tree canopy, as well as identify priority areas for tree planting efforts to increase equitable canopy cover and enhance the City’s walking and biking routes.
Consultant will utilize the City’s Tree Equity Score to identify areas of the City that are lacking trees and determine which areas to prioritize.
Consultant will conduct a comprehensive review of the Community Development Department’s tree protection policies and guidelines as well as any additional urban forest policies, practices, ordinances, and procedures. Also, will conduct a comprehensive review of long-range planning documents as identified by the City, including but not limited to, the General Plan, specific Plans, Municipal Code, and Urban Greening Plan.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Departmental interviews will be conducted through the various departments, staff, elected officials, and stakeholders that may directly affect tree management, planting, protection, and maintenance efforts.
Based on this review process, contractor will document the City’s current procedures, provide a summary of the analysis and comparable City standards, make recommendations for altering the maintenance strategies based on best practices, and provide justification for the recommended revisions. Up to eight meetings will be needed to complete departmental interviews.
Consultant team will first consult with City staff to identify stakeholders, key residents, and/or organizations to accomplish City goals and priorities for fostering diverse community member participation and public education avenues.
The following community outreach activities will be carried out:
Inform. Provide the public information to assist them in understanding the problem, alternatives, and/or solutions.
Consult. Obtain public feedback on analysis, alternatives, and/or decisions.
Involve. Work directly with the public throughout the process to verify that public concerns and aspirations are consistently understood and considered.
Collaborate. Partner with the public in each aspect of the decision, including the development of alternatives and the identification of the preferred solution.
Empower. Place final decision making in the hands of the public.
Consultant will assist the City in assembling a working group to bring individuals together, providing the community with a role in creating a management plan that addresses their priorities, issues, and goals.
Group members would be selected based on criteria developed by Consultant and the City, in partnership with local nonprofit organizations.
Consultant will coordinate one Urban Forestry Summit in partnership with the City and working group to engage with Salinas community members and organizations. The Urban Forestry Summit will take place approximately four months into the Urban Forest Master Plan Process and serve as an informative and interactive brainstorming event.
Consultant will attend up to six additional and existing public meetings to discuss the needs, priorities, and goals of the Urban Forest Master Plan, as well as to update relevant stakeholders about the project’s process.
Consultant will prepare bilingual (English and Spanish) outreach materials that will communicate the value of the City’s urban forest through infographics.
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96 Enviro. Prof. Services Agreement v. January 2021 Page 14 of 16 Dudek - Amended and Restated November 2022
Exhibit B- Scope of Services; Compensation
Fee Schedule
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
Enviro. Prof. Services Agreement v. January 2021 Dudek – Amended and Restated November 2022 Exhibit B- Scope of Services; Compensation
Fee Schedule
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96 Enviro. Prof. Services Agreement v. January 2021 Page 16 of 16 Dudek - Amended and Restated
November 2022
Exhibit B- Scope of Services; Compensation
Consultant Rates
DocuSign Envelope ID: B574463E-3D08-48C4-90CA-B99AD3D3AC96
AMENDED AND RESTATED
AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND DUDEK
Contents
RECITALS................................................................................................................................. 1 TERMS....................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation ...................................................................................................................... 1
4. Billing .................................................................................................................................. 1
5. Meet and Confer. ................................................................................................................. 2
6. Additional Copies. ............................................................................................................... 2
7. Responsibility of Consultant................................................................................................ 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance.............................................................................................................................. 3
12. Access to Records................................................................................................................ 3
13. Assignment. ......................................................................................................................... 3
14. Changes to Scope of Work. ................................................................................................. 4
15. Ownership of Documents. ................................................................................................... 4
16. Termination.......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated........................................................................................................... 5
19. Independent Contractor........................................................................................................ 5
20. Integration and Agreement. ................................................................................................. 5
21. Jurisdiction........................................................................................................................... 5
22. Severability. ......................................................................................................................... 5
23. Notices. ................................................................................................................................ 6
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 7
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees.................................................................................................................... 7
28. Non-Exclusive Agreement................................................................................................... 7
29. Rights and Obligations Under Agreement........................................................................... 7
30. Licenses................................................................................................................................ 7
31. Counterparts......................................................................................................................... 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation............................................................................................................. 8
34. Warranty of Authority.......................................................................................................... 8
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants .......... 9 Exhibit B- Scope of Services; Compensation .......................................................................... 12 Scope of Services ..................................................................................................................... 12 Exhibit B- Scope of Services; Compensation .......................................................................... 14 Fee Schedule............................................................................................................................. 14 Exhibit B- Scope of Services; Compensation .......................................................................... 15 Fee Schedule............................................................................................................................. 15 Exhibit B- Scope of Services; Compensation .......................................................................... 16 Consultant Rates....................................................................................................................... 16 Enviro. Prof. Services Agreement v. January 2021 Page 1 of 13 Dudek – Amended and Restated
November 2022
AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND DUDEK
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1st day of November, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Dudek, a California corporation company, (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall be deemed to have commenced on October 26, 2021, and shall terminate August 31, 2023, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed One hundred forty-two thousand eight hundred dollars ($142,800).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A)A brief description of services performed;
(B) The date the services were performed;
(C)The number of hours spent and by whom;
(D)A brief description of any costs incurred; and
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs.
11. Insurance.
Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibit B of this Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Ryan Allen
Project Manager
Dudek
725 Front Street, Suite 400,
Santa Cruz, CA 95060
With a copy to:
Dudek
605 3rd Street
Encinitas, CA 92024
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Joseph Monaco
Its: President/CEO
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractor’s Pollution Liability (“PLL”) and/or Asbestos Pollution Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Consultant pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of Agreement of work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Enviro. Prof. Services Agreement v. January 2021
Dudek – Amended and Restated
November 2022
Exhibit B- Scope of Services; Compensation
Scope of Services
Consultant will initiate the project with a kickoff meeting between City staff and Dudek team to identify specific project goals and confirm reporting and communication procedures.
Following the project kickoff meeting. Contractor will meet monthly (virtually and/or in person, as state public health restrictions allow) with City staff to discuss scope of work details, desired deliverables, schedules, community engagement strategies, and existing tree planting efforts, as well to identify criteria for documenting and developing the UFMP. The monthly meetings will occur throughout the duration of the project and will be the chief way the City will be informed of project progress.
Consultant will use i-Tree Eco tools, canopy cover and tree inventory data, the 2015 Urban Forest Assessment, 2014 Green Atlas, 2015 Alisal Neighborhood Revitalization Strategy Area, and a review of tree management practices to conduct a through analysis of the status of the City’s publicly managed urban forest.
Consultant will use i-Tree software to analyze the tree inventory, and to calculate the economic value of the City’s urban forest and the cost benefits of strategic tree and forest investments.
Dollar amounts will be provided for these benefits, which will be useful for education, long-term planning, and securing tree program funding. Contractor will calculate the City’s return investment into its urban forest by measuring the current level of investment against what the City receives in ecosystem services and the urban forest’s asset value.
Consultant will review the existing tree canopy cover assessment within the Urban Forest Assessment and obtain and analyze new canopy cover data for the City and also will conduct an image-based mapping of urban tree canopies within the City using aerial imagery from 2021.
Consultant will provide a framework for determining the City’s tree canopy goals as City as they apply to the urban forest’s health, equity and related community benefits. Contractor will work with the City to develop long-and short-term canopy goals and stocking level goals for each of the City’s zoning designations based on industry standards. Calculations for tree planting scenarios will be conducted for 5- and 10-year goals as well as longer-term goals, indicating how many trees will need to be planted each year to meet canopy and stocking level goals. Also, will provide recommendations for the preservation and sustainability of the City’s tree canopy, as well as identify priority areas for tree planting efforts to increase equitable canopy cover and enhance the City’s walking and biking routes.
Consultant will utilize the City’s Tree Equity Score to identify areas of the City that are lacking trees and determine which areas to prioritize.
Consultant will conduct a comprehensive review of the Community Development Department’s tree protection policies and guidelines as well as any additional urban forest policies, practices, ordinances, and procedures. Also, will conduct a comprehensive review of long-range planning documents as identified by the City, including but not limited to, the General Plan, specific Plans, Municipal Code, and Urban Greening Plan.