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AGREEMENT WITH LAZ PARKING, CALIFORNIA, LLC.
FOR CONTRACT PARKING ENFORCEMENT SERVICES
FOR
CITYWIDE PARKING ENFORCEMENT
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation existing under the laws of the State of California ("CITY"), and LAZ PARKING, CALIFORNIA, LLC. ("CONTRACTOR"), whose address is 5901 Christie Avenue, Suite 202 | Emeryville | CA 94608.
RECITALS:
A. CITY desires certain contract parking enforcement services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these contract parking enforcement services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR and his subcontractors shall comply with State’s Prevailing Wage Laws.
CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as Contract for Parking Enforcement Services Page 2 of 17
determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on the date signed by the CITY and will remain in effect for a period of five (5) years.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR pursuant to rates and fee structure stated in Exhibit B – Contract Compensation Schedule, attached and incorporated by reference. The payment terms are due 30 days from receipt of a monthly invoice summarizing hours worked and other direct costs (ODCs) provided by Contractor.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, either party shall have the right to terminate this Agreement, upon thirty (30) days' written notice to the other party. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement. It is understood that this Agreement is not a contract of employment and does not create an employer-employee relationship between CITY and CONTRACTOR, and that all persons working for or under the direction of CONTRACTOR are agents or employees of CONTRACTOR and not of CITY.
Notwithstanding the foregoing and for the avoidance of doubt, in the event that any CONTRACTOR employee or subcontractor providing services under this Agreement is determined by a court of competent jurisdiction or CITY’s Retirement Program (such as CalPERS, a pension plan, or Social Security) to be eligible for enrollment in any of the Retirement Programs of CITY as an employee of CITY, to the fullest extent of the law, CONTRACTOR shall indemnify, defend, and hold harmless CITY for any Retirement Program contribution payment that CONTRACTOR is required to make as a result to make to the Retirement Program as well as for the payment of any penalties and interest on such payments, if any.
SECTION 11 - INDEMNITY
To the fullest extent of the law, CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents (“CITY Indemnitees”) from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. For the avoidance of doubt, CONTRACTOR agrees, to the fullest extent of the law, to hold harmless and indemnify CITY Indemnitiees against any and all claims or challenges against CITY, including but not limited to any challenges to a ticket, made by a party, either as an individual or a class, based upon CITY’s authority to enter into this Agreement with CONTRACTOR. CONTRACTOR agrees to defend CITY Indemnitees against any such claims.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.
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SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
Notwithstanding the foregoing, and for the avoidance of doubt, this provision does not apply to any claims or challenges against CITY made by a party based upon CITY’S authority to enter into this Agreement with CONTRACTOR.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
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SECTION 18 - MEDIATION
In the event of a dispute arising under or in connection with this Agreement, the parties agree that each party's respective representatives will work diligently and in good faith to promptly resolve same. If the representatives fail to resolve any such dispute within ten (10) days after both parties are provided with written notice of the dispute, the dispute shall be elevated to the Vice President or higher level of each organization, at which level appropriate individuals from both parties will diligently attempt to resolve the dispute. If at the end of that additional ten (10) days period the dispute remains unresolved, the parties may elect to continue efforts to resolve the dispute through further discussions, provided that either party may at such time elect to pursue other available legal or equitable remedies as well or in lieu of any further discussion.
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
Each party shall appoint a technical and a contract representative and keep these during the term hereof.
All notices hereunder shall be deemed effective when given in writing and personally delivered (to include courier and other independent delivery service(s), sent via U.S. Certified Mail, Return Receipt Requested, via facsimile or electronic mail with an original to follow via U.S. First-Class Mail as follows or to such other address(es) as the either party may from time to time designate in writing to the other party:
To CITY with respect to
technical matters:
Captain Ken Chetcuti
South San Francisco Police Dept.
Address: 1 Chestnut Avenue
South San Francisco, Ca., 94080
To CITY with respect to
contractual matters:
Captain Ken Chetcuti
South San Francisco Police Dept.
Address: 1 Chestnut Avenue
South San Francisco, Ca., 94080
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To CONTRACTOR with
respect to technical
matters:
LAZ Parking
Attn: Steve Mooney, GM
5901 Christie Avenue, Suite 202 |
Emeryville | CA 94608
To CONTRACTOR with
respect to contractual
matters:
LAZ Parking
Attn: Cindy Heffner, RVP
5901 Christie Avenue, Suite 202 |
Emeryville | CA 94608
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SOUTH SAN FRANCISCO and LAZ PARKING, CA LLC. have executed this Agreement the day and year first above written.
CITY OF SOUTH SAN FRANCISCO LAZ PARKING, CALIFORNIA, LLC.
City Manager
City of South San Francisco Its Authorized Agent
APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(If necessary, per the above)
Sky Woodruff
City Attorney
Attachments:
Exhibit A: Scope of Services
Exhibit B: Contract Compensation Schedule
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall work in partnership with existing City programs to enforce parking laws and regulations in the citywide parking lots and public street parking in a safe and cost-efficient manner subject to the terms and conditions required by the City. Contractor is not required to administer the initial review, administrative hearings, or de novo reviews for contested parking citations, however the City may require the Contractor to participate in such proceedings as needed.
1. PARKING MANAGEMENT – BASIC TERMS
The terms and conditions of this Professional Services Agreement (PSA) by and between the City and Contractor are set forth as follows:
a. Provision of Services: Contractor shall provide all necessary materials, staff, expertise, and services required to carry out the required Scope of Services. b. Compensation: As compensation for services rendered, the City shall pay Contractor cost of services as stated in Schedule of Compensation (Exhibit B). c. Capital Improvement: During the performance term of the PSA, certain capital improvement projects may occur that are originated and financed by the City. Contractor may be required to adjust staffing requirements, schedules and/or operating methodologies to accommodate these types of projects from time-to-time during performance of the services.
d. Employees: Unless otherwise noted, all references to employees refer to staff members hired for the execution of the PSA. These employees shall be paid by the Contractor and shall not be considered employees of the City of South San Francisco.
2. REQUIREMENTS
During the hours of operation established by the City, Contractor shall manage, operate, direct, and supervise a first-class public parking enforcement operation throughout the term of the PSA.
Services to be provided by Contractor in connection therewith will include without limitation the following:
a. Management and operation of the parking enforcement services, including supervision of the parking enforcement employees, parking enforcement vehicles, administration, and monitoring of citation issuance in accordance with the California Vehicle Code (hereinafter “CVC”) and the South San Francisco Municipal Code (hereinafter “SSFMC”). These enforcement responsibilities shall include, but are not limited to:
• Safety regulations as posted or marked at the curb
• Residential permit parking districts as posted
• Metered locations as posted
• Time limited parking
• Alleys
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• Temporary parking restrictions as posted or marked at the curb • Citizen requests for enforcement such as a blocked driveway • Citizen requests for enforcement such as parking on private property without consent
• Accessible (Disabled) spaces
• Developing procedures to ensure enforceability of the issuance and processing of citations in accordance with CVC and SSFMC requirements • Appearing and providing testimony at administrative or court proceedings or appeals hearings related to the issuance of parking citations
b. Operation and maintenance of all parking enforcement technology required to perform contracted services, including, but not limited to, vehicles and enforcement handheld devices.
c. Employment of such parking enforcement and other personnel for the management and operation of the enforcement services.
d. Maintenance of accounting records of all income and expenses related to the management and operation of the enforcement services.
e. Maintenance of all equipment and materials in a professional condition to ensure representation of a first-class parking enforcement system on behalf of the City. f. Coordination with selected vendor(s) for future implementation of license plate technology (cost of LPR equipment is not included in Exhibit B). All future technology enhancements will require City approval. All other cost(s) for products and services not covered under this Exhibit will be paid by the City. g. Coordination with City of South San Francisco Police Department with enforcement duties and ongoing efforts daily.
h. Periodic consultation with the City on matters relating to the management and operation of the enforcement services, including providing the City with recommendations on how to increase the efficiency of parking enforcement operations; and i. Periodic consultation with the City on matters related to technology, innovation, and operations that may increase the efficiency of parking enforcement operations.
3. STANDARD OF CARE
In its execution of the PSA, the Contractor shall prioritize customer service, financial performance, and innovation.
a. Customer Service: The Contractor and its staff shall always conduct themselves in a professional and courteous manner toward the City, its residents, and visitors. The Contractor and staff shall strive to achieve the City’s goals of providing exceptional customer service.
b. Financial performance: The Contractor and its staff shall maintain a regular and consistent schedule to enforce applicable time limits and vehicle codes in its areas of responsibility. c. Innovation: The Contractor shall continuously seek ways to leverage existing technologies to make its operation more efficient. The Contractor shall also recommend to the City emerging technologies that may also increase operational efficiency, such as real-time location and reporting of parking enforcement personnel through GPS tracking.
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4. APPLICABLE CONDITIONS
Other applicable conditions include, but are not limited to the following:
a. Contractor shall administer payment for all operating costs as detailed. b. Contractor shall not have rights to install advertising signage or messaging inside or around the vehicles, employees, and facilities without City approval.
5. ADDITIONS AND DELETIONS
The City retains the right during the Term to modify enforcement zones and service provision areas, including public roadways, on a temporary or permanent basis for any reason including, but not limited to the following:
a. To provide additional parking spaces.
b. To repair one or more sections of the enforcement zones or service provisions areas. c. To increase the number of spaces available for parking by acquisition or devotion of additional land, redesign, restriping, or otherwise.
d. To decrease the number of spaces or close the Facilities for any purpose. e. To convert all or part of the Facilities to another use; and f. Construction zones.
Contractor shall make a best effort to accommodate these changes in its operation of the parking enforcementservices. Contractor shall update the general Operation and Maintenance Plan (as defined in section 6) to accommodate any permanent changes; the revised general Operation and Maintenance Plan will be subject to approval by the City.
6. OPERATION AND MAINTENANCE PLAN
Contractor shall provide and maintain a detailed and up-to-date Operations and Maintenance Plan that includes the following:
a. Standards for hiring employees and personnel policies, background checks, and performance standards. Policies will include standards for employee comportment, appearance, identification, and provision of information to customers. b. Procedures for issuing citations to include at a minimum the following:
• Management of citations issued by shift.
• Percent of shift time spent in field enforcement.
• Collections procedures.
• Reconciliation.
c. Management approach and working relationship with City. d. Integration process(es) for Contractor’s enforcement and citation issuance software and hardware with the City’s citation processing system, and permit system.
Contract for Parking Enforcement Services Page 11 of 17 e. Maintenance plan for the vehicles serving the City.
f. Copies of all forms used to track, reconcile, and report citation issuance as well as formsthat are delivered to City including but not limited to monthly operating statement, general journal, payroll analysis, daily and monthly citations summaries. g. Any additional items related to operations or maintenance plans not included above.
7. STAFFING
Contractor shall provide current and future updates to its company organizational chart for the key staff members managing parking enforcement services. Key personnel shall consist of the following positions:
a. Project Manager (also referred to as Supervisor).
b. Parking Enforcement Officers (PEOs).
The actual level of staffing will be based on City approved optimal staffing levels. Minimum staffing levelsinitially as determined by the City are anticipated to be one (1) Full Time Project Manager (Supervisor) and four (4) full time Parking Enforcement Officers (PEOs), with each FTE staffed at a 40- hour work week. Additional FTEs upon City’s request will be provided at the proposed hourly rate for PEO position(s) as listed in Exhibit B – Schedule of Compensation.
Other than in special or emergency situations, Contractor shall provide all job-related training prior to employee assignment. In a special or emergency situation, training may be given on-site and at the time of assignment. Training not given at the time of assignment shall be given within seven (7) calendar days of assignment. The City’s representative will determine when a special or emergency situation occurs, pursuant to, but not limited to the definitions below:
An emergency is any unexpected situation which prevents or substantially compromises the performance of City services. Emergencies include, but are not limited to, power outages, earthquakes and other natural disasters, civil unrest, and bomb threats.
The Contractor is solely responsible for personnel hiring and termination, training, staffing, and deployment to ensure all posts are filled, conducting employee performance evaluation, imposing corrective action/discipline, and managing all aspects of payroll and benefits for Contractor’s employees.
Enforcement staff shall have the education, skills, and qualities required to fulfill the tasks outlined in the PSA, including the ability to use Contractor supplied vehicles and other equipment prior to being assigned. The Contractor shall provide each employee assigned to provide parking enforcement services with initial job-related training and any necessary re-training or follow-up training required to correct deficiencies in performance.
In addition, Contractor shall ensure each employee assigned to provide parking enforcement services receives a minimum of eight (8) hours of relevant in-service training per year. Training shall cover such topics as changes in the law, new aspects of the City’s parking program, refresher or expanded training in customer relations, etc.
Training shall include, but not be limited to, the following:
Contract for Parking Enforcement Services Page 12 of 17 • Information on parking statutes, laws, ordinances, regulations, and resolutions enacted by the Federal Government, the State of California, and the City of South San Fransisco. • Parking enforcement programs and policies adopted by the City of South San Francisco. • Operation of equipment, including instruction on communications procedures, citation devices, vehicle use, public relations, customer service, and conflict mitigation techniques; • Tasks and responsibilities under regular and emergency operating conditions. • Physical layout of the City; and
• Customer service and public relations.
All on-site staff members shall be trained in daily operations as well as in customer service. Contractor and its staff will conduct themselves in a helpful and courteous manner toward the City, its residents, and visitors at all times.
Contractor will comply with all City standards and requirements for employees including the completion of standard background and motor vehicle checks on each employee.
City reserves the right to require Contractor to provide additional or alternative personnel or to modify its operating procedures if, in the sole discretion of the City, Contractor’s management and performance of the services creates congestion, interferes with traffic circulation, or causes material inconvenience for customers.
Contractor agrees it does not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, and/or on the basis of any other protected class or characteristic in any of its activities or operations.
8. PROJECT MANAGEMENT
The Contractor’s designated Project Manager (PM) shall maintain the responsibility for oversight of the contracted services, acting as the single point of contact between the City and Contractor during the Term.
9. PARKING ENFORCEMENT OFFICE
Contractor shall base operations at a work location designated by the City for its use. Contractor shall identify minimum office utility needs and best practicesin its Operation and Maintenance Plan. Citizens and customers who must speak with someone in person may be directed to the PD front desk.
10. EQUIPMENT AND SUPPLIES
Contractor shall provide all necessary office supplies and equipment to fulfill the terms of the PSA. These items will include but not be limited to standard office items.
11. UNIFORMS AND STAFF IDENTIFICATION
The Contractor shall provide uniforms to all staff members. Contractor shall also provide staff members with photo identification, name tags, and badgesthat clearly state the company name and Contract for Parking Enforcement Services Page 13 of 17 the staff person’s name. City must approve all uniforms and all staff must be clearly identifiable as conducting business on behalf of the City.
12. MAINTENANCE REQUIREMENT
Contractor shall maintain all enforcement tools, including citation issuance hardware in a clean and safe condition consistent with other first class parking enforcement operations. Maintenance requirements shall include but not be limited to:
a. Daily policing of common areas.
b. Regular enforcement fleet vehicle maintenance; and
c. Maintenance of the parking enforcement handheld equipment.
Additionally, Contractor’s responsibilities shall include but not be limited to any spare equipment not available for maintenance or repair. Contractor must provide identical replacement for items which have exceeded useful life. Contractor can determine how many spare parts are needed per component.
13. ENFORCEMENT VEHICLE SPECIFICATIONS
Contractor shall provide parking enforcement vehicles for each assigned on-duty parking enforcementstaff member conducting services underthe PSA. The preference for enforcement vehicle power is petroleum-electric hybrid engines. Contractor may propose traditional petroleum powered vehicles if value is demonstrated to the City.
14. USE OF PARKING ENFORCEMENT VEHICLES
Contractor shall manage, operate, and maintain the enforcement vehicles for parking enforcement duties only in accord with guidelines set forth by City. Contractor shall not use the enforcement vehicles for purposes other than those required under the PSA. All vehicles must be clearly identifiable as conducting business on behalf of the City.
15. ENFORCEMENT HANDHELD UNITS
Contractor shall provide parking enforcement handheld units as approved by the City for each assigned on-duty parking enforcement staff member conducting services under this PSA.
Enforcement handhelds enable staff to generate automated parking citations.
16. HOURS OF OPERATION
The City shall reasonably determine the hours of operation, which shall remain adjustable and scalable (upon provision of advance notification to Contractor) based on the needs of the City.
Services required outside of the general enforcement timeframe will be discussed and scheduled on an as-needed basis by the City and the Contractor.
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17. CUSTOMER COMPLAINTS
Contractor shall have a methodology for handling customer complaints and reporting the nature and reasonable disposition to City. The methodology should emphasize a very high level of customer service that includes prompt responses to complaints, and thorough, timely documentation of all respondent activity.
18. COST OF OPERATIONS
City shall reimburse Contractor per Exhibit B – Schedule of Compensation based on listed fully burdened hourly rates by job classification for direct labor costs. Additionally, City shall reimburse Contractor per Exhibit B – Schedule of Compensation for direct expenses (also referred to Other Direct Charges) on a monthly basis on a 1/12 of annual fixed cost(s) payment cycle.
19. FINANCE AND ACQUISITION OF EQUIPMENT
Contractor shall, on behalf of City and subject to reimbursement as provided in the Schedule of Compensation (Exhibit B) covered under Other Direct Charges, procure vehicles, all associated vehicle equipment (lightbar, signage, etc.), and vehicle outfitting necessary to provide services in accordance with the Agreement. City acknowledges that (i) the equipment is personal property and shall not constitute a fixture, and (ii) City does not own the equipment and City shall not have or acquire any right, title or interest in or to the equipment at any time under the Agreement. Title to the equipment shall be retained by the Contractor or an equipment financier, subject only to any security interest or assignment that Contractor may grant to such equipment financier. City shall not suffer or permit any lien or encumbrance to attach to the Equipment. City shall refrain from taking any action to bar, restrain or otherwise prevent Contractor, its representatives, agents, secured parties, successors or assigns from across the equipment, and hereby grants to said parties the right of access to the equipment for the purpose of inspecting or, after an event of default under or the expiration of term of the Agreement, taking possession of and removing the equipment at any reasonable time or times. In the event the Agreement is terminated for any reason by either party, City shall pay Contractor, on or before the effective date of any such termination, the remaining principal balance, if any, for any equipment purchased for the City by the Contractor, provided such equipment have been authorized by the City.
20. SIGNAGE
Contractor shall not install any signage or modify any existing signage without City’s prior written consent, which City may give, deny, or condition in City’s sole discretion.
21. EMERGENCY PROCEDURES
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 under direction ofthe SSFPD. If such a service requires hours in excess of the base requirement, City shall pay for the services on an overtime basis.
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EXHIBIT B
CONTRACT COMPENSATION SCHEDULE
Contract Year Hourly Rate Monthly Annual Hours Estimated Annual Cost Project Manager (Supervisor) Time & Material (T&M)
Year 1 $90.07 2080 $187,345.60
Year 2 $92.77 2080 $192,965.97
Year 3 $95.56 2080 $198,754.95
Year 4 $98.42 2080 $204,717.60
Year 5 $101.37 2080 $210,859.12
Parking Enforcement Officer (PEO) Time & Material (T&M) Year 1 $44.40 8320 $369,408.00
Year 2 $45.73 8320 $380,490.24
Year 3 $47.10 8320 $391,904.95
Year 4 $48.52 8320 $403,662.10
Year 5 $49.97 8320 $415,771.96
Other Direct Charges (ODCs) Firm Fixed Price
Year 1 $7,760 $93,120
Year 2 $7,993 $95,914
Year 3 $8,233 $98,791
Year 4 $8,480 $101,755
Year 5 $8,734 $104,807
Estimated Annual Contract Value
Year 1 $649,873.60
Year 2 $669,369.81
Year 3 $689,450.90
Year 4 $710,134.43
Year 5 $731,438.46
Schedule of Compensation
Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or selfinsurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Contract for Parking Enforcement Services Page 17 of 17 Upon written request, Any deductibles or self-insured retentions must be declared to and approved by the City, of which the City’s approval will not be unreasonably withheld. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.