Parking Enforcement and Traffic Control RFP (available in the City Clerk's Reading File) — Santa Clarita City Council, June 13, 2023

REQUEST FOR PROPOSALS
Citywide Parking
Enforcemet
PROPOSAL # CP-22-23-40

TABLE OF CONTENTS
PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

SECTION A

NOTICE INVITING PROPOSALS

PROPOSAL INSTRUCTIONS

DOCUMENT CHECKLIST

SECTION B

SCOPE OF WORK

RESPONSE FORMAT AND SELECTION CRITERIA

SECTION C

NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS

REFERENCES

ACKNOWLEDGEMENT AND ACCEPTANCE OF SCOPE OF WORK

SECTION D
SAMPLE PROFESSIONAL SERVICES AGREEMENT – STANDARD

FAITHFUL PERFORMANCE BOND

SECTION A
RFP Information & Instructions

CITY OF SANTA CLARITA REQUEST FOR PROPOSALS

Project Name: Citywide Parking Enforcemet

Proposal #: CP-22-23-40

Dates Published: February 28, 2023

Last Day for Questions: March 22, 2023 before 2:00 PM (PT)

Proposal Closing: March 30, 2023 before 2:00 PM (PT)

Project Description: The City is seeking the services of a highly qualified Contractor with a well- trained and knowledgeable staff to provide Citywide parking enforcement and as-needed traffic control services on a daily basis.

Prevailing Wage: No

Bond Requirements: Yes

Contact Information: Danielle Marquez | (661) 255-4936 | [email protected]

Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120.

RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab.

Addenda, if issued by the CITY, will be transmi tted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the pro posal response. If addenda are not signed and submitted with the proposal response , the submission may be deemed non- responsive and rejected.

PROPOSAL INSTRUCTIONS

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

1. SUBMITTING PROPOSALS.

1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet).

1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price.

1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record.

2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain t he package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. I f addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.

3. AWARDS.

3.1. The City reserves the right to waive any informality in any proposal.

3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations.

The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so.

3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so.

3.4. The City may make an award based on partial items unless the proposal submitted is marked “All

or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours.

4. BONDS.

4.1. When deemed necessary by the City, proposal bonds shall be furnished by all vendors in the amount of at least 10% of the total value of the proposal OR 10 % of the value of the 1st year of service for service projects, to guarantee that proposers will enter into contract to furnish goods or services at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California.

4.2. Likewise, a Performance Bond and/or Material and Labor bonds may be required of the successful vendor when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).

4.3. Original Bond or Cashier’s Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words “ PROPOSAL BOND FOR” and the proposal #, NO LATER THAN the proposal due date and time, for the vendor to be considered responsive.

5. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.

5.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to t hose referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications.

5.2. If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent p roduct please provide the cut sheet/spec sheet or detailed product description for the proposed product via the BidNet Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In addition, the pr oposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via BidNet if the proposed product will be considered.

5.3. Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent

product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.

6. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements.

7. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.

8. INVOICES. Invoices will be forwarded to:

City of Santa Clarita
CD - Community Preservation
Attn: Tracy Sullivan
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196

Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.

9. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

10. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section.

10.1. For hard copy submissions, proposals must be typed or written in black ink except signatures.

Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. In compliance with Resolution 93-9, all hard copy proposals and attachments must be submitted double-sided on recycled paper.

11. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may re ject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.

12. RENEWAL AND PRICING ADJUSTMENT. The contract, unless determined otherwise by the City prior to award, will be for a two (2) year period, with City’s option for renewal with three one (1) year renewal options. If not otherwise stated, the contr act may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Producer Price Index (PPI), Los Angeles Area-Riverside-Orange county area and prevailing wage rates, if applicable. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer.

13. LITIGATION WARRANTY. The bidding vendor, by bidding, warrants that the vendor is not currently involved in litigation or arbitration concerning the vendor’s performance concerning the same or similar service to be supplied pursuant to this RFP and that no judgments or awards have been made against bidding vendor on the basis of vendor’s performance in supplying the same or similar service, unless such fact is disclosed to the City in the responding proposal. Disclosure may not disqualify the bidding vendor. The City reserves the right to evaluate proposals on the basis of the facts surrounding such litigation or arbitration and to require the selected vendor to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by the City of Santa Clarita in a sum equal to one hundred perce nt (100%) of the contract price conditional on the faithful performance by selected vendor of the contract in the event the contract is awarded to selected vendor, notwithstanding the litigation or arbitration.

14. BEST AND FINAL OFFER . The City may request Best and Final offers based upon improved understanding of the offers or changed Scope of Work. Based on the initial proposals, the pre - proposal meeting, and Best and Final offers, if requested, the panel will select the proposal which best fulfills the re quirements and is the best value to the City. The City will negotiate with that seller to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will b e no public opening and reading of Proposals. Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.

15. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.

Each proposer must submit with their proposal the following:
• The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed.
• The address of each firm.
• The telephone number at the place of business.
• Work to be performed by each subcontracting firm.
• Total approximate dollar amount of each subcontract.

Copies of subcontracts will be provided to the City Engineer upon their request.

16. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty.

The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.

DOCUMENTS CHECKLIST

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer.

The following documents must be provided by ALL proposers:

Uploaded via BidNet (see Section C)
 Response File
 Cost File (to be submitted separately from Response File)  Notice to Proposers Regarding Contractual Requirements  Designation of Subcontractors/Subconsultants
 References
 Acknowledgement and Acceptance of Scope of Work
 All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via BidNet

TThe following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Tracy Sullivan
 Professional Services Agreement
 Insurance Required by Contract
 W-9 Form
 Performance Bond (Notarized)

SECTION B
Solicitation Information

SCOPE OF WORK

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

EVENT DATE
Solicitation advertisement February 28, 2023
Last day for questions March 22, 2023
Return of proposals March 30, 2023
Evaluations of proposals March 30 – April 5, 2023
Interviews (if necessary) April 5 - 7, 2023
Contract award May 9, 2023

*Dates are subject to change at the City’s discretion*

1. PURPOSE: The City of Santa Clarita (City) seeking the services of a highly qualified Contractor with a well-trained and knowledgeable staff to provide Citywide parking enforcement and as- needed traffic control services on a daily basis. In the preparation of this Request for Proposal the words "Proposer" and "Contractor" are used interchangeably.

2. INTRODUCTION/BACKGROUND: The City of Santa Clarita, California is located in northern Los Angeles County. The City has a population of approximately 235,000 and is 73 square miles. The City has four distinct neighborhoods: Valencia, Canyon Country, Newhall, and Saugus. The City do es not have any metered parking or neighborhood preferential parking programs at this time. The City has one public parking structure, with 372 parking spaces, in Old Town Newhall that parking enforcement provides proactive patrols and enforcement.

More in formation about the City’s road system can be obtained by going to www.santa-
clarita.com/gis and accessing the standard map gallery, or by using the City’s interactive mapping system.

The City’s Community Preservation Division is responsible for the enforcement of all parking regulations provided in Santa Clarita Municipal Code and California Vehicle Code; processing, adjudicating and collecting all issued parking citations; towing of scofflaw and illegally parked vehicles; and providing traffic control services as-needed. The current parking enforcement services contract expires on June 30, 2023. The City is releasing this Request for Proposals (RFP) seeking the services of an experienced Contract or to provide Citywide parking enforcement and as-needed traffic control services. The Contractor must understand the key concepts of parking management, with the capability of developing its own management strategies and analytical tools which will allow the Contractor to proactively manage its staff and provide exceptional customer service to the public while effectively enforcing all parking regulations.

3. OBJECTIVE(S)/WORK PRODUCTS: The City is seeking a highly qualified and motivated Contractor to provide parking enforcement and as -needed traffic control services on a continuous and uninterrupted basis 24 hours a day, seven days a week including holidays.

Daily parking enforcement and as-needed traffic control services will include the personnel, equipment (except that equipment provided by the City as noted in Section 7), and support necessary to provide enforcement services in the City. Enforcement responsibilities include, but are not limited to:

P
arking Enforcement
• Posted time limit zones
• Safety regulations as posted or marked at the curb
• Street cleaning enforcement
• Permanent and temporary parking restrictions as posted • Citizen requests for enforcement, such as blocked driveways, fire hydrant, and abandoned vehicles
• Handicapped placard or disabled person spaces
• 72-hour parking restrictions
• Oversize vehicle restrictions
• Special event coverage
• Towing of vehicles for reasons per the California Vehicle Code and City Municipal Code T
raffic Control
• Assisting City staff and Sheriff in directing and controlling traffic control during power failu
res and other emergencies which affect traffic signals, and after certain traffic accidents
• Assisting City staff and Sheriff in directing and controlling traffic control for special ev
ents
Proposers should note that the City’s interest is not simply in choosing a Contractor who will supply a certain number of parking enforcement and traffic control enforcement hours. Our parking enforcement program is designed to enhance the quality of life in the City. The City seeks a Contractor who can work creatively and flexibly with the City to ensure that balanced enforcement activities support and complement the parking and transportation goals of the City. Furthermore, it is critical that enforcement and traffic control services be provided in a courteous, professional manner that facilitates positive relationships with the City’s residential and business communities, and with visitors. Proposers need to demonstrate the ability to recruit qualified personnel, provide superior training (both initial and ongoing), and limit turnover.

Proposers should discuss in detail the strategy and tactics, including such factors as salary and wage levels, employee benefits including sick leave and health coverage, employee development programs, vehicles, and equipment, etc., that the Proposer will use to deliver consistent, high quality services described in this RFP.

4. WORK STATEMENT AND SCOPE OF SERVICES
Parking Enforcement
Parking enforcement services to be provided include, but are not limited to: issuing parking citations and impounding vehicles Citywide per the California Vehicle Code and City

Municipal Code, participation in community events and other parking enforcement programs designated by the City’s Community Preservation Division, responding to resident complaints by phone or through the City’s online Resident Service Center (RSC), patrol areas with public parking and residential communities to address violations that affect immediate life safety, analyze of deployment programs and delivery of service, report preparation, and provide customer assistance to the public (in the field, by telephone, by internet and by mail).

Traffic Control
Traffic control services to be provided include, but are not limited to: assisting with the control of traffic during power failures and other emergencies which affect traffic signals, after certain traffic accidents, and at scheduled special events. The Contractor is to provide initial and ongoing staff training to safely control and direct traffic.

Enforcement Schedule and Coverage
The Contractor performs parking enforcement and as -needed traffic control services on a continuous and uninterrupted basis 24 hours a day, seven days a week including holidays.

When unscheduled as-needed traffic control services are required, Contractor will need to maintain adequate staffing to fulfill its parking enforcement obligation in the contract.

Contractor shall provide staff replacement within 2 hours. In the event that a replacement is unavailable, Contractor shall pay City prorated liquidated damages.

Patrol Requirements
Contractor is responsible for enforcement of all parking regulations listed in the Santa Clarita Municipal Code, Los Angeles County Vehicle and Traffic Code and the State of California Vehicle Code 24 hours a day, seven days a week including holidays. Enforcement responsibilities include, but are not limited to:

Regular Duty
• Patrol City streets, City facilities, City parking structures, recreational areas, and any City designed private locations via Contractor- provided vehicles (vehicles equipped with License Plate Recognition (ALPR) hardware and software), with primary responsibility for enforcing City, State, and Federal parking laws and regulations;

• Enforce and issue parking citations for vehicles in violation of City, State, and Federal parking laws and regulations;
• Tow vehicles for reasons per the California Vehicle Code and City Municipal Code. • Complete required vehicle inspection reports, daily activity reports, Resident Service Center response reporting, parking enforcement improvement forms, and all other parking enforcement related forms as required by the City. • Assist with the enforcement of private property parking regulations, enforcement of regulations in parking facilities, and assisting with public service (as needed).

• Provide a high level of customer service as needed to give directions, information, phone numbers, etc.
• Attend internal and public meetings as required.
• Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers.

• Respond to citizen requests for enforcement, such as blocked driveways, fire hydrant, and abandoned vehicles.
• Provide special event coverage.

Scofflaw/Abandoned Vehicle Detail
• Scofflaw Enforcement: Scofflaw enforcement primarily involves identifying vehicles that can legally be towed for five (5) or more delinquent parking citations, filling out the necessary impound forms, and coordinating the removal of vehicles with the City’s towing Contractor. Scofflaw enforcement is supported using ALPR hardware and software discussed in this RFP.
• Locate, report, and appropriately mark any vehicle with a potential to be impounded as a result of the vehicle having a specified number of delinquent parking citations and/or for laws pertaining to potential abandoned vehicles.
• Coordinate towing, and all associated paperwork, for scofflaws and abandoned vehicles per California Vehicle Code requirements.

Traffic Control
• Contractor’s staff can also be called upon to assist the City and Los Angeles County Sheriff’s Department in controlling traffic for special events and during power failures and other emergencies which affect traffic signals. Contractor will be responsible for ensuring that parking enforcement staff are adequately trained by a qualified agency to safely conduct traffic control.

Related Activities
• Report any unlawful act or any condition or deficiency which may pose a hazard or a danger to the general public.
• Report parking issues, vandalism, sign and curb marking deficiencies or conflicts. • In the event of a major emergency or natural or man -made disaster, Contractor shall make available its personnel, transportation and communication resources for emergency assistance as requested by the Community Preservation Manager or designee. If such service requires hours in excess of the base requirement, the City will pay for the services on an overtime basis.

Required Staff
The Contractor is to provide the following staff:

1. One (1) Parking Enforcement/Traffic Control Field Supervisor (Supervisor) on duty during the hours of 8:00 am to 5:00 pm, Monday through Friday, and on-call after hours as needed. Under the direction of the City Community Preservation Manager, or designee, and Contract Executive, the Supervisor is a working classification and is responsible for performing but is not limited to the following: assigning areas of responsibility to each parking enforcement/traffic control officer; responding to and investigating any and all reported incidents and problems with residents and requests for service; responding to residents by phone, email, or through the City’s online Resident Service Center; preparing reports, ensuring adequate staffing and staff training at all times; overseeing and towing vehicles; coordinating all as-needed and scheduled traffic control services; providing traffic control services, marking vehicles,

operating a computer and a variety of computer software; and issuing parking citations.

2. Two (2) Parking Enforcement/Traffic Control Officers on duty 24 hours a day, seven days a week including holidays. Under the direction of the Parking Enforcement/Traffic Control Field Supervisor, Parking Enforcement/Traffic Control Officers are responsible for performing but not limited to the following: responding to and investigating any and all reported service requests by residents; responding to residents by phone, email, or through the City’s online Resident Service Center; marking and towing vehicles as appropriate; providing traffic control services; operating a computer and a variety of computer software; and issuing parking citations.

3. Contract Executive: In addition to the above referenced on-site staff, the Contractor designates a senior executive who ensures that all contractual requirements are being met and is available to meet with the City’s Community Preservation Manager, or designee, on a regular basis to discuss the progress and performance of the on-site personnel and the contract as a whole. The executive will be directly responsible to ensure staff development and training pertaining to conflict management, traffic control, and any other as needed safety-related training is being provided on a regular basis, and assist in the recruitment of qualified staff to limit turnover. This is not a dedicated position and all costs associated with this position are not billable to the City.

4. Should any of the required staff call-in sick, leave work with approval, or be reassigned to provide traffic control services, the Contractor shall provide a staff replacement within 2 hours. In the event that a replacement is unavailable, the Contractor shall pay City prorated liquidated damages.

Calculation of Billable Hours
For each position under this contract, with the exception of the Contract Executive, billable hours shall be based on 2,080 labor hours per person per year.

Hiring Criteria for Parking Enforcement/Traffic Control Personnel The City retains the right to be involved in the recruitment/selection process of new contracted enforcement staff or of staff assigned to perform enforcement duties within the City. In hiring enforcement staff, the Contractor ensures that all staff:

1. Are at least eighteen (18) years of age.

2. Are physically and mentally capable of performing all required enforcement duties.

3. Have the ability to give and follow oral and written instructions in fluent English.

4. Have the ability to operate a computer and a variety of computer software.

5. Have the ability to establish and maintain effective working relationships with the public and City officials.

6. Have a valid California State driver’s license.

7. Have the ability to remain calm and use judgment and initiative in an emergency situation

8. Are bondable.

9. Possess a high school diploma or G.E.D. certificate.

Training
All new employees are thoroughly trained in all aspects of their particular position; including, as appropriate, radio procedures, the use of the handheld issuance device and related hardware, all regulations for parking enforcement, traffic control techniques, the legal requirements for towing, court testimony techniques, conflict mitigation, and current and future policies and procedures as developed by the City’s Community Preservation Division.

Parking Enforcement/Traffic Control staff must have the education, skills, and qualities required to fulfill the tasks outlined in this RFP. The Contractor shall provide each Contract employee assigned to provide parking enforcement and traffic control services with at least 40 hours of initial job -related training and any necessary re -training or follow -up training required to correct deficiencies in performance.

The Contractor shall provide each Contract e mployee assigned to provide parking enforcement and traffic control services with at least eight ( 8) hours of in -service on-going training per year. Such training shall cover such topics as changes in the law, traffic management and controlling intersections, new aspects of the City’s parking program, refresher or expanded training in customer relations, etc. The subjects and content of such training shall be approved in advance by the City. Such training will be included in the hours of service the Contractor is required to provide in each contract year.

The City retains the right to review and direct modification of any Contract employee training program and will require verification that each Contract employee has met the required level of training per year. Training shall include, but not be limited to, the following:

• Information on parking statutes, laws, ordinances, regulations, and resolutions enacted by the Federal Government, the State of California, and the City; • Parking enforcement programs and policies adopted by the City; • Operation of equipment, including instruction on communications procedures, radio devices, citation devices, public relations, customer service, and conflict mitigation techniques;
• Tasks and responsibilities under regular and emergency operating conditions; • Physical layout of the City;
• Managing and directing traffic; and
• Customer service and public relations.

5. WORK STATEMENT – SUPERVISION/ADMINISTRATION/REPORTING:

The City expects the Contractor to maintain sufficient in -field supervision and administrative support as necessary to perform all the required parking enforcement and traffic control activities above, and produce periodic reports as noted below:

• Daily schedule showing Parking Enforcement/Traffic Control Officer assignments and scheduled enforcement hours, listing all absent staff and reason for absences. • Weekly field assignments, showing projected scheduling for the following week. • Monthly summary of activities showing total work hours, patrol and non-patrol (time spent at hearings, in training, etc.).

• Daily and monthly summary of parking citations and warnings issued. • Daily and monthly summary of tow activity.
• Monthly summary of planned and emergency traffic control activities. • Special, additional, or supplemental reports at the request of the City.

All Contractor reports are to be produced using the City’s current version of Microsoft Office for Windows. Once produced, all reports, both soft and hardcopy, become the property of the City.

6. VEHICLES, EQUIPMENT, AND UNIFORMS TO BE PROVIDED BY CONTRACTOR:

Vehicles
It is the responsibility of the Contractor to provide three (3) patrol cars (hybrid or ultra- low emission preferred) suitable for the purpose of parking enforcement. (Three wheeled patrol vehicles will not be accepted). Vehicles are to be used exclusively for parking enforcement and traffic control services as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor or principal, or for any other business activity of the Contractor. If vehicles are currently owned they must meet all criteria on the first day of the contract. Vehicles shall not be in operation until they meet the following criteria:

• New or recent models (no more than five (5) years old at contract start) • White in color with markings identifying them as "City of Santa Clarita, Parking Enforcement" with a flashing dome light, the design and location must be approved by the City.
• Vehicle logo design must be mutually agreed upon with City. Vehicles must not have any Contractor I.D., name or logo.
• Vehicles must have a locked or secured storage area for supplies.

Contractor shall maintain all vehicles in a state of good repair and in a professional appearance equivalent to that of the City’s public fleet. Contractor shall bear all expenses associated with vehicle storage, maintenance, fueling, and insurance. Contra ctor shall be responsible for parking and securing all patrol vehicles when not in use at a City approved facility.

Vehicles that are damaged or disabled while in service for the City of Santa Clarita shall be replaced with an operable vehicle within 4 hours. In the event that a replacement vehicle is unavailable, contract personnel shall be relieved of duty for the remainder of the shift and Contractor shall pay City prorated liquidated damages. Replacement or repair of damages will be the responsibility of the Contractor.

The Contractor shall be financially responsible for damaged, lost, or stolen equipment provided by the City (including radio equipment, emergency equipment, etc.). The Contractor shall prepare and maintain a complete, detailed, accurate, and current inventory of all equipment and supplies provided by the City for use by the Contractor.

Automated License Plate Recognition (ALPR) Equipment
The City requires each vehicle include a vehicle -mounted Automated License Plate

Recognition (ALPR) system that includes image capture and processing capabilities and that permits automatic license plate reading and matching operation. The system shall include two ALPR cameras and illuminators, a rugged processor, a touch screen interface with moving map display, two -wheel imaging cameras for evidence gathering, back -office evidence and reporting software, and a wireless communication capability for transferring data between the back-office and each mobile ALPR unit. The system shall meet or exceed the specifications below.
• Automatically detect vehicles parked in time limited parking zones. • Find scofflaw and other wanted vehicles, and/or persons based on license plate reading and matching against lists of wanted license plate numbers. • Read license plates from vehicles on both sides of the unit. • Read license plates in extremely low-light environments. • Read license plates of vehicles that are either parallel parked or parked at 45 or 90 degrees, both on-street and off-street.
• The ALPR should include a complete back-office management and reporting system that includes:
a. Viewer software
b. Route management
c. Reporting

Contractor is responsible for all training, maintenance and support relating the ALPR system.

Equipment
Other than Citation Issuance Equipment and Materials specifically identified as the responsibility of the City in Section Eight, the Contractor shall provide all necessary equipment and supplies for the provision of parking enforcement services and traffic control services, including but not limited to safety equipment, chalk, tape measures, flashlights and batteries.

Flashlights shall be of sufficient illumination to allow enforcement officers to read vehicle identification numbers (VINs) at night. All equipment sh all be in good working order, attractive, and in conformity with all applicable statutes, laws, ordinances, and regulations.

Personal vehicles or other equipment shall not be used to perform parking enforcement services without the City’s written approval. The Contractor shall not issue, directly or indirectly, firearms or similar devices to personnel.

Communication Equipment
The Contractor shall provide and maintain capability to carry on two-way radio conversations with the field personnel whenever they are on duty. This system shall provide dependable, interference-free, two-way communications between the City & the Parking Enforcement/Traffic Control Officers.

Contractor shall have the ability to provide automated status report and updates for complaints and service requests received from the City online Resident Services Center.

The City may provide to the Contractor radio equipment suitable for parking enforcement purposes, as determined by the City. If issued, the City shall be responsible for normal maintenance and service of this equipment. Replacement or repair of damages caused by

misuse of equipment will be the responsibility of the Contractor.

Uniforms
All Contract employees performing parking enforcement/traffic control duties shall wear uniforms while on duty. The Contractor shall be responsible for providing personnel with proper, complete, and acceptable uniforms that have been approved by the City. Uniforms and rules for uniforms shall be as follows:

• The Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the Contract employee.
• Parking Enforcement/Traffic Control Field Supervisors and Officers (PEO’s) shall be issued 10 navy blue slacks each and 10 light blue shirts each, one pair of black boot shoes and one black belt, one navy blue jacket, one traffic control vest, and one yellow rain suit.
• All shirts, jackets, and hats shall have an approved emblem patch designating City of Santa Clarita Parking Enforcement, the design and location must be approved by the City. • All uniforms include a metal name tag, identification number and badge which must be worn at all times, the design and location must be approved by the City. • All personnel must be in complete, approved uniforms at all times while they are engaged in enforcement activity or City related official duties. Shirts must be tucked in at all times. • The Contractor shall not issue any uniform or identifying badge without the prior written approval of the City.
• Personal garments or items that cover any portion of the uniform shall not be worn while on duty.
• Contractor shall not allow Contract employees to work unless attired in the complete, approved uniform.
• The Contractor shall be responsible for making sure uniforms are complete, clean, in good repair, and worn by all Contract employees while on duty. • Contractor shall not permit personnel to be armed with firearms or weapons of any kind while performing responsibilities under the Contract.
• Contractor shall ensure Contract employees return all issued uniforms described above upon release of employment.

7. EQUIPMENT AND SUPPLIES TO BE PROVIDED BY THE CITY:

The City shall supply certain citation issuance equipment and materials suitable for parking enforcement and traffic control purposes, including smartphones, handheld printers, and customized citation forms. The City will be responsible for normal maintenance and repair of this equipment. Replacement or repair of damages caused by misuse of equipment will be the responsibility of the Contractor. The Contractor shall be financially responsible for damaged, lost, or stolen equipment provided by the City. The Contractor shall prepare and maintain a complete, detailed, accurate, and current inventory of all equipment and supplies provided by the City for use by the Contractor.

Any lost, damaged, or stolen City issued equipment must be reported immediately the same day,

and all proper incident reports submitted to the City within 24 hours from the date and time of occurrence.

8. PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:

The Contractor will be responsible for adhering to the City’s Parking Enforcement Performance Standards, listed below:

Patrol of City Streets
Contractor shall effectively patrol all City streets and take appropriate action (i.e. cite vehicles in violation of parking regulations, report potential abandoned vehicles or vehicles creating unsafe conditions, record date and time of the patrol, etc.). PEOs are expected to begin patrol activities no later than twenty (20) minutes after shift start (the 20-minute allowance shall include roll call).

Officers are also expected to be on active patrol until at least 20 minutes before shift end.

Parking Citations Issued an Error
Any parking citations that are issued in error must be brought to the City’s Community Preservation Manager, or designee, immediately after issuance. Parking Enforcement/Traffic Control Officers (PEO) are not allowed to void citations. Voided parking citations will be recorded and monitored via the citation database.

Acceptable Time Gaps between Parking Citations
All Officers are expected to be patrolling and issuing appropriate citations as necessary during their shifts. An Officer must be able to account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR).

Customer Service
Contractor’s employees shall conduct themselves in a professional manner at all times. Contractor shall investigate and take appropriate action for all customer complaints regarding contracted employees (including improper use of equipment). Contract Executive will oversee such investigations and report their findings to the City in a timely manner.

Weekly Operations Meeting
The Contractor shall meet with the City’s authorized representative(s) weekly to review operational and performance issues. In addition, Contractor shall have the Contract Executive overseeing the contract meet with the City once per month.

9. PERFORMANCE STANDARDS FOR TRAFFIC MANAGEMENT SERVICES:

The Contractor will be responsible for adhering to the City’s Traffic Management Performance Standards, listed below:

Response to Planned Activities and Events
Requests for traffic control for planned activities and events will be entered into the City RSC system. The Contractor shall provide sufficient personnel to reasonably control traffic based on the location and specific activity or event for which the control is requested.

Emergent Situations
Power outages, damage or failure of traffic lights, or other emergencies may necessitate the request for immediate traffic control. The Contractor will provide sufficient personnel to reasonably control traffic based on the locatio n and requirements of the specific situation. In some situations, personnel assigned to parking enforcement may be reassigned to traffic control. Personnel may be assigned to work independently, or in conjunction with Los Angeles County Sheriff Officers. S hould on duty parking enforcement/traffic control officers be reassigned to perform traffic control duties, contractor shall provide a replacement within 2 hours. In the event that a replacement is unavailable, contractor shall pay City prorated liquidated damages.

10. REQUIRED QUALIFICATIONS:

The Contractor awarded the contract and all of its personnel will have demonstrated an exceptional familiarity with State of California parking enforcement statutes, laws, ordinances, policies, and parking program technologies, citation and towing and procedures as pertains to the City, and methods and strategies for traffic control in planned and emergency situations. Most importantly, the firm chosen and all its personnel will have a documented and superior understanding of public relations, customer service practices, and conflict mitigation techniques.

11. TIME SCHEDULE:

The successful Proposer must be prepared to be fully operational no later than July 1, 2023, subject to City Council authorization.

RESPONSE FORMAT AND SELECTION CRITERIA

PROPOSAL # CP-22-23-40
Citywide Parking Enforcement
City of Santa Clarita, California

1. RESPONSE FORMAT: Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format may result in elimination from proposal evaluation. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of one-hundred and twenty days (120) days after the last day to accept proposals.

1.1. RESPONSE FILE:

1.1.1. Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm.

1.1.2. Table of Contents - Clearly identify material contained in the proposal by section and page number.

1.1.3. Introduction - A general introduction and description of the proposal shall be provided.

The format of the introduction is at the discretion of the proposer.

1.1.4. Proposer Capability and References - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP. Include examples of projects completed for other agencies that are of a similar nature and a contact person for each of those clients.

The Proposer shall also provide a brief summary of any relevant experience on similar projects in addition to a minimum of three references for similar projects. Reference information must include the agency, name of project, the name and contact information for the agency’s Project Manager, the dates that the project began and ended, and the value of the contract.

1.1.5. Objective, Scope, and Work Program - Describe the overall approach to providing the services required. Describe the specific work or tasks to be performed, including but not limited to personnel schedules, supervision, and reporting.

1.1.6. Vehicles and Equipment - Provide detailed information regarding the vehicles and equipment to be assigned, including the capabilities of the ALPR equipment.

1.1.7. Methodology - Describe the methodology and techniques to be employed in carrying out the program.

1.1.8. Project Management - Describe the proposed management structure and organization of contracting group. Discuss the professional and academic backgrounds of principals and/or

management personnel.

1.1.9. Assigned Personnel - Identify the front -line and supervisory personnel having primary responsibility for implementing the proposal. Describe the responsibilities and capacity of each. If Officers and supervisors are currently working for the Proposer, discuss their professional and academic backgrounds and provide a summary of similar work they have previously performed. If fulfilling the requirements of this RFP will result in the Proposer hiring Officers and supervisors, discuss in detail the minimum qualifications required, recruitment and hiring process to be undertaken, and initial training provided. List the amount of time, on a continuous basis, that each of the front -line, supervisory, and management personnel will spend on this project. Substitution of project manager and/or supervisory personnel will not be permitted without prior written approval of the City.

1.1.10. Program Monitoring - Describe the monitoring procedures to be utilized during the project, including a diagram of workflow, interface points, and major products.

1.1.11. City Resources - Describe any City services and staff resources needed to supplement Proposer’s activities to achieve identified objective(s).

1.1.12. Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
a. Work Program
b. Methodology
c. Assigned Personnel

1.1.13. Conflict of Interest - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.

1.1.14. Additional Data - Provide other essential data that may assist in the evaluation of this proposal.

1.2. COST FILE – Statement of Offer and Signature - The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120 -day period, and shall contain a statement that the propo sed work will be performed at the “not -to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work. The Cost File must be submitted separately from the Response File. The Cost/Price format for the proposal must be as follows:

Total cost must be clearly indicated at the end of the Cost File. Costs must include a breakdown by the following categories:

1) Labor - List an hourly labor rate.
2) Supplies and Equipment - Provide an itemized list of supplies to be used. The City will

not pay for any equipment unless adequately justified. Any equipment paid for by the City will become the property of the City.
3) Travel Costs - Identify estimated travel costs, including the number of trips required, destinations, and approximate cost of travel. Travel costs are reimbursed at prevailing rates for the contracting company or City rates, whichever is lower, unless negotiated otherwise.
4) Miscellaneous Costs, if any.

Charges for supplies and equipment will be paid at cost. It is expected that general, overhead, and administrative costs are included in the hourly rate for labor. Proposals submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Proposer.

2. SELECTION CRITERIA – An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible Proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking nor award to the Proposer with the lowest Price Proposal if doing so would not be in the overall best interest of the City.

The overall criteria listed below are listed in relative order of importance. As proposals are considered by the City to be more equal i n their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor.

2.1. SCORING CRITERIA:

a. Proposer qualification (40 points)
b. Proposer experience on similar projects and references (25 points) c. Thoroughness of proposal, approach to providing services based upon the criteria in the Scope of Work, and ability to provide services to meet objectives and standards (20 points)
d. Cost of materials and services provided as well as discounts offered (15 points)

During the selection process, the evaluation panel may wish to interview Proposers with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact.

SECTION C
Forms

NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

1. SUMMARY OF CONTRACTUAL REQUIRMENTS
a. A contract is required for any service performed on behalf of the City of Santa Clarita (City).

b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth.

c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City.

2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS
a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent.

b. You should check with your Insu rance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.

The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2 —the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.

c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full- certified copies of all Insurance coverage and endorsements.

3. INDEMNIFICATION
a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole

or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectl y employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequenc e of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8).

b. The foregoing indemnification provisions will not red uce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees.

c. CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favo r of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.

4. INSURANCE
a. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain th e following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $1,000,000
Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement

b. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CIT Y, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

c. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least th ree (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.”

e. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY.

f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and d educt the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty.

g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation.

Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage.

h. The CITY shall be entitled to any coverage in excess of the minimums required herein.

I have read and understand the above requirements and agree to be bound by them for any work performed for the City.

Authorized Signature: ______________________________ Date: ___________________

Printed Name: ____________________________________

DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perfo rm work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater ) of the prime contractor's total bid . If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed.

Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s: Description of Work
License No.

Exp. Date: / / Phone ( )
Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s:

Description of Work
License No.

Exp. Date: / / Phone ( )
Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s: Description of Work
License No.

Exp. Date: / / Phone ( )

NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.

REFERENCES

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

The following are the names, addresses, and telephone numbers of three public agencies for which proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal.

1. __________________________________________________________________________________ Name and Address of Owner / Agency

__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

__________________________________________________________________________________ Contract Amount Type of Work Date Completed

2. __________________________________________________________________________________ Name and Address of Owner / Agency

__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

__________________________________________________________________________________ Contract Amount Type of Work Date Completed

3. __________________________________________________________________________________ Name and Address of Owner / Agency

__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project

__________________________________________________________________________________ Contract Amount Type of Work Date Completed

The following are the names, addresses, and telephone numbers of all brokers and sureties from whom Proposer intends to procure insurance bonds:
_____________________________________________________________________________________

_____________________________________________________________________________________

ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all Scope of Work for the Citywide Parking Enforcemet.

The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established Scope of Work throughout the length of the contract.

*Supervisor’s Signature:___________________________________________Date:__________

*Estimator’s Signature:____________________________________________Date:__________

*Owner’s Signature:______________________________________________Date:__________

*All three signatures required

SECTION D
Sample Agreement

SAMPLE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SANTA CLARITA AND

FOR

This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city (“CITY”) and _______________________________________, a ________________________________________________________ (“CONSULTANT”), and is dated ________________________.

1. CONSIDERATION.
(A) As partial consideration, CONSULTANT agrees to perform the Services listed in the SCOPE OF SERVICES, below; and
(B) As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and
(C) As additional consideration, C ITY agrees to pay CONSULTANT a sum not to exceed
dollars ($ ) for CONSULTANT’s Services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit(s) “ ” which is/are incorporated by reference.

2. SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s) “ ” which is/are incorporated by reference.
(B) CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the Services and provide the professional Services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS.
(A) By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY . CONSULTANT represents that its

financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
(B) CONSULTANT will perform its Serv ices in a skillful manner, comply fully with all City established criteria, and with all applicable federal, state, and local laws, codes, and professional standards.
(C) CONSULTANT agrees to comply with all applicable federal and state employment laws regulations and rules including those that relate to minimum hours and wages, occupational health and safety, workers compensation insurance and state, county and local orders.
(D) CONSULTANT will staff this Agreement with personnel qualified to adequately and professionally perform the Services.
(E) CONSULTANT will not subcontract any portion of these Services without the CITY’s prior written approval.
(F) CITY’s approval of any payment, or conducting of any inspection, reviews, approvals, or oral statements, or any governmental entity’s certification, will in no way limit the CONSULTANT ’s obligations under this Agreement or CONSULTANT’s complete responsibility for all Services hereunder.

4. PAYMENTS.
(A) For CITY to pay CONSULTANT as specified by this Agreement and as provided in attached Exhibit(s) “ ” , CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit(s) “ ” ) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Services during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
(B) CITY may withhold all or a portion of payment otherwise due in the event that Services are either improperly or not performed.

5. PROJECT COORDINATION AND SUPERVISION.
(A) CONSULTANT will assign as CONSULTANT’s Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY’s Project Manager.

CONSULTANT may change its Project Manager only with CITY consent.

(B) CITY will assign as CITY’s Project Manager, will be personally in charge of and personally supervise or perform the technical execution of the project on a day-to-day basis on behalf of CITY, and will maintain direct communication with CONSULTANT’s Project Manager. CITY may change its Project Manager at any time with notice to CONSULTANT.

6. NON-APPROPRIATION OF FUNDS. Payments due and pay able to CONSULTANT for current Services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

7. FAMILIARITY WITH SERVICES AND SITE.
(A) By executing this Agreement, CONSULTANT represents that it has:
i. Carefully investigated and considered the scope of Services to be performed; and
ii. Carefully considered how the Services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

B. If the Services under this Agreement are to be performed upon any site, or otherwise require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services under this Agreement.

8. TERM.

A. The term of this Agreement will be from ________ _ to _________ .

Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
i. Completion of the Services specified in Exhibit(s) “ ”, or ii. Termination pursuant to Section 17 TERMINATION.

B. Except as otherwise separately and expressly provided by the CITY in writing, the provisions of this Agreement shall survive any expiration, breach, or termination of this Agreement, and any completion of the Services.

9. TIME FOR PERF ORMANCE. CONSULTANT will not perform any Services under this Agreement until:

A. CONSULTANT furnishes proof of insurance as required under Section 24 INSURANCE; and

B. CITY gives CONSULTANT a written notice to proceed.

Should CONSULTANT begin Services on any phase in advance of receiving written authorization to proceed, any such professional Services are at CONSULTANT’s own risk.

10. SCHEDULE OF PERFORMANCE AND EXTENSIONS.

A. Should the progress of the Services under this Agreement at any time fall behind schedule for any reason other than excusable delays CONSULTANT shall apply such additional manpower and resources as necessary to bring progress of the Services under this Agreement back on schedule and consistent with the standard of professional skill and care required by this Agreement. Time is of the essence in the performance of this Agreement.

B. Should CONSULTANT be delayed by causes beyond CONSULTANT ’s control, CITY may grant a time extension for the completion of the contracted Services. If delay occurs, CONSULTANT must notify the CITY’s designated representative within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement ’s schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted Services.

11. CHANGES. CITY may order changes in the Services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the c ontract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the Services will be determined in accordance with written agreement between the parties.

12. ADDITIONAL SERVICES.

A. The CITY may request CONSULTANT to provide Services in addition to Scope of Services, called “Additional Services”. Additional Services that incur additional costs (contingency) of up to 15% of the total contract amount must be authorized by CITY by change order or other documented means. Costs beyond this amount must first be approved by CITY in accordance with applicable thresholds and procedures. Additional Services must be authorized by CITY in w riting prior to performance. CONSULTANT shall be compensated for Additional Services as set forth in Exhibit(s) “ ” or as specified in the written authorization.

B. If CONSULTANT believes Additional Services are needed to complete the Scope of Services, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed additional Services, reasons for such additional Servic es, and a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the agreed-upon costs for the performance of this Agreement.

13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the t erm of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

14. SITE INSPECTION; DIS COVERY OF HAZARDOUS MATERIALS OR LATENT CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside of CONSULTANT’s expertise, unless otherwise specified in Exhibit(s) “ ” , and is not included in the scope of Services. Should CONSULTANT discover any hazardous material, or latent or unknown conditions that may materially affect the performance of the Services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

15. PREVAILING WAGES. CONSULTANT shall comply with the California Prevailing Wage Law to the extent it applies to work performed under this Agreement. If applicable, CONSULTANT shall pay prevailing wages to its employees and shall comply with the additional provisions set forth below:
(A) CONSULTANT shall pay prevailing wages to its employees on any agreement when required by applicable law. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed t o execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall ke ep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

(B) CONSULTANT acknowledges and agrees that it will comply with AB 1768 (effective January 1 , 2020), which amended and expanded the definition of “construction” for which prevailing wages must be paid to include “work performed during the design, site assessment, feasibility study, and other pre - construction phases of construction…regardless of w hether any further construction work is conducted…”
(C) CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties as provided by the California Labor Code, for each laborer, workman, or mechanic employed in performing labor in and about the Work provided for in the Agreement for each day, or por tion thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under the Agreement by him or her or by any Subconsultant under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Divisi on II of the California Labor Code. The sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the

California Labor Code shall be withheld and retained from payments due to CONSULTANT the California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by Owner. The Labor Commissioner pursuant to California Labor Code §1775 shall determine the final amount of forfeiture.
(D) CONSULTANT shall insert in every subcontract or other arrangement which CONSULTANT may make for performance of Work or labor on Work provided for in the Agreement provision that Subconsultant shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code.
(E) CONSULTANT and Subconsultants must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Agreement Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of CONSULTANT as required by Labor Code Section 1776. This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.

16. WAIVER. CITY’s review or acceptance of, or payment for, Services or product prepared by CONSULTANT under this Agreement will not be construed to oper ate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT ’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

17. TERMINATION.
(A) Termination for Convenience . CITY may terminate this Agreement at any time with or without cause by written notice to CONSULTANT.
i. CONSULTANT will be entitled to recover its costs expended up to the termination plus reasonable profit thereon to the termination date not to exceed the total costs under Section 1(C), but may recover no other loss, cost, damage, or expense.
(B) Termination for Cause. CITY may terminate this Agreement in whole or part for default should CONSULTANT commit a material breach of this Agreement, and

such breach has not been cured within fifteen (15) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default, CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination.
(C) Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any Se rvices performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT ’S own cost; CITY will not be obligated to compensate CONSULTANT for such Services.
(D) Upon a termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will become CITY’s property and CONSULTANT will deliver any such items in its possession to CITY within thirty (30) days of termination. (E) Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms Services similar to those terminated.

18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property.

CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY ’s written notice. CITY a grees that use of CONSULTANT’s Services for purposes other than identified in this Agreement is at CITY’s own risk.

19. PUBLICATION OF DOCUM ENTS. Except as necessary for performance under this Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including graphic art services , prepared pursuant to this Agreement to any other person or public entity without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

20. INDEMNIFICATION AND LIABILITY.
(A) To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, off icials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expens e and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses in curred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of

Services under this Agreement, or any part thereof; (including any additional services authorized by CITY in writing) (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; o r (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proport ionate percentage of fault (except as otherwise provided in section 2782.8).
(B) The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees.
(C) CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.

21. ASSIGNABILITY. This Ag reement is for CONSULTANT ’s professional services.

CONSULTANT or any subconsultant’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

22. INDEPENDENT CONTRACT OR. CONSULTANT shall at all times be deemed an independent contractor wholly responsible for the manner in which it performs the Services , and fully liable for the acts and omissions of its employees, sub consultants and agents. Under no circumstances shall this Agreement be construed as creating an employment, agency, joint venture or partnership relationship between CITY and CONSULTANT, and no such relationship shall be implied from performance of this Agreement. Terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of Services only, and not as to means and methods by which such a result is obtained. CONSULTANT shall pay all taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the Services and/or goods delivered pursuant hereto without additional compensation, regardless of which party has liability for such tax under applicable law, and any deficiency, interest or penalty asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited to any applicable City business tax, not explicitly assumed in writing by CITY hereunder.

CONSULTANT shall comply with all valid administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and to provide

any necessary information with respect thereto to proper authorities. CONSULTANT has no authority to bind the CITY.

23. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all Services and matters covered under this Agreement. Those records include, without limitation, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its services under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. CITY and its designees will have free access at all reasonable times to such records, including the right to audit, examine, and make copies, excerpts, and transcripts from such records , and to inspect all program data, documents, proceedings and activities. If CITY receives funds from another governmental entity for the payment in whole or part of the Services, that governmental entity will have all rights the CITY has under this Section. CONSULTANT will retain all records subject to this Section for at least three (3) years after termination or final payment under this Agreement.

24. INSURANCE. [All insurance terms subject to review and approval of City Risk Manager] (A) Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $1,000,000/$2,000,000 (aggregate) Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
(B) Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit of $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. (C) Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is

provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
(D) CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” (E) Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY. (F) Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to contract language. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under the Agreement, City may terminate this Agreement immediately with no penalty.
(G) Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. (H) The CITY shall be entitled to any coverage in excess of the minimums required herein.
(I) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

(J) Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the Services, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the Services remaining and a description of the Services to be done before the next schedule update.

26. DISPUTE RESOLUTION.
(A) In the event of any dispute between CONSULTANT and CITY regarding any claim, demand or request by CONSULTANT for time, money, or additional compensation for any reason whatsoever CONSULTANT shall submit to CITY , within 21 days of CONSULTANT’ s first knowledge of the dispute, a written description of CONSULTANT’s claim, demand or request that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT’ s position, pricing calculations (if applicable) and attaches suppor ting documentation. CITY will then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to CITY resulting from such late notice. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’ s failure to continue work during a dispute shall be a material breach of this Agreement.
(B) If the CITY denies CONSULTANT ’s claim, demand, or request in whole or part and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the Los Angeles JAMS office for non- binding mediation under the appropriate rules. The parties may agree to any other dispute resolution process. Nothing herein will limit CONSULTANT ’s obligation to timely submit to CITY a statuto ry Government Code Claim, in accordance with Government Code sections 910 et seq.

27. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
ATTN: Santa Clarita, CA 91355

Any such written communications by mail will be conclusively deemed to have been received by

the addressee three days after deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addr esses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 27 NOTICES of any staff changes relating to this Agreement.

A. In accomplishing the Scope of Services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are req uired for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection (B).
__________________
Initials of Consultant
(B) In accomplishing the Scope of Services of this Agreement, CONSULTANT will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT ’s Services product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT personnel shall be subject to the Disclosure Category “1” of the CITY’s Conflict of Interest Code:

______________________ ______________________

29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT ’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT ’s bona fi de employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

30. THIRD PARTY BENEFICI ARIES. CONSULTANT’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed an express third party beneficiaries of their subconsultant agreement. Nothing in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California . The exclusive venue for any action involving this Agreement will be in Los Angeles County.

32. ENTIRE AGREEMENT . This Agreement, and its Attachments, sets forth the entire understanding of the parties with respect to the subject matter hereof . There are no other understandings, terms or other agreements expressed or implied, oral or written.

There is/are ( ) Exhibits (s) to this Agreement. To the extent of a conflict between this Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly f or or against either party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary action has been taken by the parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. To the extent of any contingency above the original Agreement amount previously approved by the CITY’s City Council, additional Services may be added to this Agreement by an additional authorization executed by both parties. This Agreement may be otherwise modified by written amendment, which generally requires approval of the CITY’s City Council. CITY’s City Manager, or designee, may execute any such authorization or amendment on behalf of CITY.

36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

37. TIME IS OF ESSENCE. Time is of the essen ce for each and every provision of this Agreement.

38. DELAY. CONSULTANT shall complete all Services required by this Agreement within the times specified in the Agreement, except where (1 ) an event outside of CONSULTANT’ s reasonable control causes a delay and (2) CONSULTANT promptly advises CITY of such delay (such prompt notice to occur no more than 15 days after the first occurrence of the delay). Such events shall be limited to: acts of neglect by CITY or CITY’s agents or by consultants when acting at CITY’s direction; breaches of this Agreement by CITY ; Acts of God such as fire and flood; explosion, acts of terrorism, war and embargo; and other similar causes beyond the Parties’ reasonable control. In the event of an excusable delay the City may elect whether to terminate this Agreement or extend the time for performance.

39. FORCE MAJEURE. Except for defaults of subcontractors at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following: Acts of God, fires, floods, earthquake, other natu ral disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

40. PROTECTION OF RESIDENT WORKERS. The CITY actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S., and aliens authorized to work in the U.S .). The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form ( Form I-9), reviewing required proofs of both identify and employment authorization, and retaining the Form I-9 for the required period. Updated form I-9 information is available at www.uscis.gov . The CONSULTANT shall establish appropriate procedures and controls so no Services or products under the Agreement will be performed or manufactured by any worker who is not legally eligible to perform such Services or employment.

41. COVID-19. Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall CONSULTANT be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.

CONSULTANT’s safety and logistics plans prepared in connection with this Contract specifically takes into account the COVID-19 Pandemic, the County Order, and all other governmental requirements or regulations regarding COVID-19 as of the date of the Contract, including without limitation all safety measures required.

42. SAFETY OF PERSONS AND PROPERTY. CONSULTANT shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss, including without limitation the County Order and all other governmental requirements or regulations regarding COVID-19, all as may be amended from time to time.

43. FACSIMILE OR ELECTRO NIC TRANSMISSION OF CONTRACT AND SIGNATURE. The parties agree that this Agreement may be transmitted and signed by facsimile

or electronic mail by either/any or both/all parties , and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section

16.5 and Civil Code section 1633.7.

44. STANDARD S UPPLEMENTAL PROVISIO NS. Notwithstanding Section 32 ENTIRE AGREEMENT above, the following Standard Supplemental Provision(s), attached to this Agreement, is(are) incorporated herein by this reference and takes precedence over any conflicting provision of this Agreement : [Insert name of any applicable SSP(s), and attach only that SSP(s)—omit remaining SSP(s). Insert “None” if applicable.]___________________. [SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the parties hereto have executed th is contract on the date set forth below.
.

FOR CONSULTANT:

IF CORPORATION:

By: By:

Print Name & Title Print Name & Title

Date: Date:

FOR CITY OF SANTA CLARITA:

KENNETH W. STRIPLIN, CITY MANAGER

By:

City Manager

Date:

APPROVED AS TO FORM:

JOSEPH M. MONTES, CITY ATTORNEY

By:

City Attorney

Date:

FAITHFUL PERFORMANCE BOND

PROPOSAL # CP-22-23-40
Citywide Parking Enforcemet
City of Santa Clarita, California

KNOW ALL MEN BY THESE PRESENTS that _______________________________________, as CONTRACTOR, AND __________________________________________________, as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of __________________________________________________ dollars ($___________), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

For service contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The term of the bond shall cover the initial contra ct term. Thereafter, CONTRACTOR and SURETY must submit a new or renewed bond covering each subsequent annual renewal of the contract.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this _____ day of ___________________, 2023.

CONTRACTOR: __
Name and Title of Signatory Signature

_________________________________ ________________ ________ Legal Name of Proposer

_______________________________ __________ ________________ Proposer Address

_________ _____________ __________ ___________ Telephone Number Federal Tax I.D. No.

SURETY*: ______________________________________ ___________________ Name

_____________________________ ____________________________ Phone Number and Email

_______________________________________ __________________ Address

This document must be notarized by the CONTRACTOR and SURETY prior to submittal.

Santa Clarita City CouncilJune 13, 2023

Santa Clarita City Council
June 13, 2023