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HomeMy WebLinkAboutItem 11j - Parking Enforcement Services DATE: June 16, 2020 TO: Honorable Mayor and City Council FROM: Robert Guthrie, Chief of Police By: Dr. Jennifer Brutus, Sr. Management Analyst SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH INTER-CON SECURITY SYSTEMS, INC. FOR OFFICIAL PARKING ENFORCEMENT SERVICES Recommendation: Approve SUMMARY The City has a Professional Services Agreement (“Agreement”) with Inter-Con Security Systems, Inc. ("Inter-Con”) for official parking enforcement services, and the current Agreement expires on June 30, 2020. It is recommended that the City Council approve, authorize, and direct the City Manager to execute a new Professional Services Agreement with Inter-Con for the period of July 1, 2020, through June 30, 2023, with the option to renew on an annual basis for a maximum of three additional one-year periods. BACKGROUND Inter-Con has been the City’s parking enforcement services provider since 2007. For the past 12 years, the company has been responsible for providing overnight parking, daytime street sweeping, and general parking enforcement throughout the City. Even though Inter-Con’s performance has been positive and adequate over the past six years of the current Agreement, a Request for Proposals was distributed in May 2020 to ensure the best and most qualified parking enforcement services company is being utilized to meet the needs of the City. Given that it has been approximately six years since the City last bid the contract for parking enforcement services, it was appropriate to evaluate whether other parking enforcement services companies could provide superior service. While past practice has provided preference to local vendors, the City’s purchasing policy states that proximity to the City and convenience alone are not acceptable reasons for awarding a bid to a company other than the lowest responsive, responsible bidder. Professional Services Agreement for Official Parking Enforcement Services June 16, 2020 Page 2 of 4 DISCUSSION After a two-week submission period during which a Notice Inviting Proposals was published three times in the Arcadia Weekly, and four vendors were sent a Request for Proposal, three parking enforcement proposals were received on May 21, 2020. A committee comprised of four City staff members reviewed and rated the proposals using a 100-point evaluation system. The proposals were evaluated according to thoroughness and understanding of work, related experience, references, quality of proposal, and costs. Figure 1.1 is a summary of the average scores and final rank. Figure 1.1 – Average Scores for Parking Enforcement Proposals Though cost were considered as part of the evaluation of all proposals, it was not the sole deciding factor. An analysis of scores revealed that Inter-Con is the most qualified and best-suited parking enforcement company for the City in every category. Inter-Con is a San Gabriel Valley based company with its headquarters located 7.6 miles from the City. The company has over 40 years of experience in providing customized security and parking enforcement solutions for federal, state, and local governments. Other cities that contract with Inter-Con for parking enforcement services include Alhambra, Azusa, Covina, Glendora, San Gabriel, La Verne, and Pasadena. The proposed Agreement with Inter-Con will cover a term of three years: July 1, 2020, through June 30, 2023, with the option to renew on an annual basis for three additional one-year periods. The pricing factored into the fully burdened billing rates for the first three years is based on current medical insurance premiums using the best information available to Inter-Con. The rates are firm and also reflect the cost of built-in wage increases over the first three-years of the new contract. The total cost per year will not exceed $237,241, which amounts to a maximum of $711,723 over a three-year period. Company Name and Headquarters Location THOROUGHNESS & UNDERSTANDING OF SCOPE OF WORK RELATED EXPERIENCE REFERENCES PROPOSAL QUALITY SUB TOTAL COST PROPOSAL GRAND TOTAL ACE Parking San Diego, CA 23.5 20 15 15.75 74.25 14.5 88.75 Inter-Con Security, Inc. Pasadena, CA 24.75 20 15 17.25 77 19.75 96.75 SP Plus Municipal Services 23.5 20 14.75 15.25 73.5 12 85.5 Los Angeles, CA Professional Services Agreement for Official Parking Enforcement Services June 16, 2020 Page 3 of 4 The alternative service providers include ACE Parking (”ACE”) and SP Plus Municipal Services (“SPPLUS”), whose cost proposals were significantly higher than Inter-Con’s. Inter-Con’s initial cost proposal was for $294,104 per year and the Department was able to negotiate it down to $237,241. ACE’s total cost was $379,998 and SPPLUS’s total cost was $514,847, which are significantly higher than Inter-Con. One of the main factors contributing to the higher costs was that both companies charge for salaried personnel to supervise parking officers, whereas Inter- Con utilizes its Senior Parking Enforcement Representative (“SPER”) in a management capacity. It is of great benefit to the City that Inter-Con’s SPER is able to effectively supervise employees, assist with day-to-day operations, and address staffing concerns, thus eliminating unnecessary pass-through costs to the City for higher-level managers. In comparison to FY 2019-20, Inter-Con’s cost for FY 2020-21 is proposed to be 13.29% higher. This price increase is primarily attributed to an increase in labor rates in order to maintain an attractive wage premium over regular minimum wage rates. Other cost factors include increases in medical insurance, payroll taxes and insurance, and other operational costs. This is viewed as a reasonable cost for this service, given the change in the minimum wage environment. It is important to take into consideration the fact that parking control services are a significant revenue source. Over the past six years of the current Agreement, the City has brought in approximately $2,548,740 in parking citations revenue, which is approximately $1,560,263 in net revenue in comparison to the estimated final six- year contract cost of $988,477 with Inter-Con. For the next three years, the City is expected to bring in $400,000 annually in parking citations revenue; however, the net revenue amount after the contract cost will be $162,759 annually. In terms of staffing, Inter-Con’s proposed project staffing plan is comprised of four contract employees. Inter-Con will provide one full-time Senior Parking Enforcement Representative (“SPER”) and two full-time and one part-time Parking Enforcement Representatives (“PER”). The company will also have available a minimum of two part-time Reserve Force PERs to ensure post coverage at all times. In addition, Inter- Con Security will be responsible for their own hiring, training, and scheduling; as well as any discipline and termination of staff members. The company will supply properly marked uniforms and two vehicles. According to the proposed Agreement, Inter-Con will pay the City $50 per quarter hour (15 minutes), up to a maximum of $200 for each unfilled 8-hour shift. This clause remains because an unfilled shift by Inter-Con equates to a lack of enforcement and revenue for the City. In addition, Inter-Con will pay $5.00 for each voided citation due to an unsatisfactory or unjustified citation. This provision is to prevent over-zealous employees from issuing unwarranted citations and to cut down on administrative reviews of citations. However, Inter-Con’s parking enforcement Professional Services Agreement for Official Parking Enforcement Services June 16, 2020 Page 4 of 4 officers have averaged more than 12,000 citations per year for Arcadia with an error rate of less than 1%. For this reason, the Department is confident that Inter-Con’s efficiency and quality will continue into the next contract. Inter-Con has performed successfully in the City for the past six years and their proposal cost was the lowest among those submitted. It is therefore recommended that the City Council approve Inter-Con as the Department’s provider of official parking enforcement services for the period of July 1, 2020, through June 30, 2023, with the option to renew on an annual basis for three additional one-year periods. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The project cost to the City is not to exceed $237,241 per year for the period of July 1, 2020, through June 30, 2023. Annual revenues to the City as a result of Inter- Con’s efforts are expected to be approximately $400,000 per year. As a result, the potential net increase in revenue is $162,759 per year or $488,277 over the first three years of the proposed Agreement. The cost and revenue amounts will be budgeted annually as part of the budget adoption process. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Inter-Con Security Systems, Inc. for official parking enforcement services. Attachment: Proposed Professional Services Agreement 1 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING OFFICIAL PARKING ENFORCEMENT SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this ______ day of June, 2020 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91007 ("City") and Inter-Con Security Systems, Inc., a corporation with its principal place of business at 210 South De Lacey Avenue, Pasadena, California 91105 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing official parking enforcement services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for Official Parking Enforcement Services project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional parking enforcement services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. The City’s responsibilities are set forth in Exhibit “D” attached hereto and incorporated herein by reference. Additional provisions governing the implementation of this Agreement are set forth in Exhibit “E” attached hereto and incorporated herein by reference. 2 3.1.2 Term. The term of this Agreement shall be from July 1, 2020, to June 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by mutual agreement of the Parties on a year-by-year basis for a maximum of three (3) one (1) year additional terms. If such option is exercised, the terms and conditions quoted herein (with the exception of pricing) are to remain firm for the term extension(s) of this Agreement. Any adjustments to pricing shall be agreed to by the Parties in writing prior to the commencement of any term extension(s). 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable 3 to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Neil Martau (Chief Administrative Officer), Arron Tschida (Director of Operations), Mariana Alvarez (Contract Manager), and Eugene Gioia (Quality Control Inspector). 3.2.5 City’s Representative. The City hereby designates Chief Robert Guthrie, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates Leonardo Gorito, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 4 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant’s policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer’s consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: 5 (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; and (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The City, its directors, officials, officers, and employees shall be listed as additional insured. Any deductibles or self-insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of 6 coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, and employees shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, and employees for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non-renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non-payment of premium, ten (10) days notice of cancellation for non-payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, and employees. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 7 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant’s obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City’s prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed two hundred thirty-seven thousand two hundred forty dollars and sixty-four cents ($237,240.64) per year from July 1, 2020, through June 30, 2021, without written approval of the City Manager. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 8 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Consultant’s performance prior to the date of termination. 9 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Neil Martau, Chief Administrative Officer Inter-Con Security Systems, Inc. 210 South De Lacey Avenue Pasadena, CA 91105 City: City of Arcadia 240 West Huntington drive Arcadia, CA 91007 Attn: Chief Robert Guthrie Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant 10 represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or 11 other legal proceeding arising from Consultant’s performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 12 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, 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 a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 13 Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. 3.5.24 Force Majeure. Consultant shall not be liable for nonperformance caused by an occurrence beyond its reasonable control including but not limited to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Consultant shall notify City in writing as soon as it is reasonably possible after the commencement of any force majeure event, shall remedy such occurrence to the extent reasonably possible, and shall promptly give written notice to City of the cessation of such occurrence. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 14 In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA INTER-CON SECURITY SYSTEMS, INC. By __ By ____________________________ Dominic Lazzaretto Matthew E. Reeser City Manager Vice-President Date: ______________________ Date: __________________________ ATTEST: ___________________________ By____________________________ City Clerk Neil Martau Chief Administrative Officer APPROVED AS TO FORM: ___________________________ Date: _________________________ Stephen P. Deitsch City Attorney CONCUR: ______________________________ Robert Guthrie Chief of Police EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide parking enforcement services according to the following minimum specifications: 1 SCOPE OF SERVICES 1.1 Regular Duty. 1.1.1 Patrol City streets, City facilities, recreational areas, and any private locations via motor vehicles, bicycles, or on foot, designated routes and staggered-time schedules, with primary responsibility of enforcing City, State, and Federal parking laws and regulations, and perform duties as directed by a police supervisor. 1.1.1.1 Under this Agreement, the Parties agree that bicycles as a mode of transportation are not considered. Bicycles shall be considered an add-on cost, and the Agreement cost will be adjusted if the City ever requests this service. 1.1.2 Issue parking citations for vehicles in violation of City, State, and Federal parking laws and services. Both the California Vehicle Code (CVC) and the Arcadia Municipal Code (AMC) will be used as the basis for issuing citations in the City. 1.1.3 Assist with the enforcement of private property parking regulations, enforcement of regulations in parking facilities, and assisting with public service (as needed). 1.1.4 Provide customer service as needed to give directions, information, phone numbers, etc. 1.1.5 Participate in any hearing processes or subsequent process involving a contested or challenged parking citation or incident involving assigned parking enforcement representatives. These hours shall be billed to the City as additional hours. 1.2 Scofflaw Detail. Locate and report to designated City staff vehicles that are subject to being impounded or immobilized as a result of the vehicles having a specified number of delinquent parking citations and/or for any other vehicle subject to towing under the vehicle code or local ordinances. A-1 1.3 Related Activities. Report to designated City staff any unlawful act of any condition or deficiency which may pose a hazard or danger to the general public. 1.4 Personnel Selection. Contractor is wholly responsible for the supervision of contract employees and administration of the contract to the satisfaction of the City. Contractor shall be responsible for providing competent personnel to assist the City to enforce its parking regulations. Contractor shall be solely responsible for selecting, hiring, employing, paying, supervising, training, and discharging its personnel. Additionally, Contractor must ensure staffing to ensure all posts are filled, complete performance evaluation of contract employees, conduct disciplinary action against contract employees, and handle processing for all payroll and benefits allowances for its employees. Contractor shall provide personnel who meet the following minimum criteria: 1.4.1 Education. Each contract employee shall have a high school education or equivalent (GED certificate). 1.4.2 Skill. Each contract employee shall be able to read, write, and speak the English language and must be able to write intelligible reports. 1.4.3 Experience. Each contract employee shall have experience with similar types of parking enforcement methods used by the City, and shall have expertise in the management of parking enforcement duties in a market similar to the market in which the subject duties are located. 1.4.4 Other Qualifications. Each contract employee: 1.4.4.1 Shall be at least eighteen (18) years of age. 1.4.4.2 Shall be physically and mentally capable of performing parking enforcement duties. 1.4.4.3 Shall be neat and well groomed. 1.4.4.4 Shall have the ability to give and follow oral and written instructions in the English language. 1.4.4.5 Shall have the ability to establish and maintain effective working relationships with the public and City personnel. A-2 1.4.4.6 Shall have a valid California State driver’s license. 1.4.4.7 Shall be in possession of valid permits, licenses, and certifications required for the performance of job-related duties. 1.4.4.8 Must be able to legally, safely, and properly operate necessary computer databases, equipment, and tools. 1.4.4.9 Shall have the ability to operate motor vehicles and walk for several hours or distances. 1.4.4.10 Shall have taken and passed a developed reference check, a drug screening test, and undergone a medical examination to determine fitness to perform assigned duties. 1.4.4.10.1.1 It is incumbent upon Inter-Con to ensure any personnel assigned to perform the job duties associated with the position are medically capable of doing so. Considerations should include, but not limited to: sitting for long periods, standing for long periods, walking, lifting, and working in inclement weather. 1.4.4.11 Shall have undergone a criminal history check in order to determine that contract employee possesses no felony criminal convictions. Misdemeanor criminal convictions will be reviewed by the City on a case-by-case basis for acceptability. 1.4.4.12 Shall have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation. Shall be capable of acting in the utmost professional manner when interacting with customers and the general public. 1.5 Professional Behavior. 1.5.1 Contractor shall be responsible for the conduct, demeanor and appearance of its employees while in the City or while acting in the course and scope of employment. A-3 1.5.2 While in the City or while acting in the course and scope of employment, all employees of the Contractor shall be neat and clean, and shall act in a courteous and professional manner. No employee shall use improper language or act in a loud, offensive or otherwise improper manner. 1.5.3 Contract employees are trained as to the purpose of their positions and the importance of performing their job duties according to the City’s operating instructions. 1.5.4 All contract employees shall at all times be polite and courteous in their dealings with customers, treating the public with care and respect. 1.5.5 All contract employees are to be attentive, alert and responsive to all customer issues, needs, comments or complaints. 1.5.6 All contract employees must speak clearly and in a professional manner while interacting with customers or offering the assistance needed by each customer. 1.6 Job Classifications and Duties of Employees 1.6.1.1 Contractor must provide the classifications of all employee positions as well as job description duties for each position. Classifications might include, but are not limited to: 1.6.1.1.1 Senior/Supervisor Parking Enforcement Representative: Assist the parking enforcement staff in regarding day-to-day operations and staffing issues. The Supervisor shall be subject to the approval of the Chief of Police, or his designee. 1.6.1.1.1.1 During the hours that the Supervisor is managing, supervising, and operating the parking enforcement, he/she shall not simultaneously be responsible for managing, supervising or operating any other non-City operations. 1.6.1.1.2 Parking Enforcement Representative: Responsible for the day-to-day management, supervision, and operation of all City-wide parking enforcement. A-4 1.7 Staffing Levels and Work Schedules. 1.7.1 Contractor shall be responsible for providing an adequate number of trained and bonded personnel, as determined by the Chief of Police, or his designee. 1.7.2 Contractor shall employ at least one (1) supervisory level employee with decision-making authority for this project. 1.7.3 Contractor shall ensure that at least one (1) supervisory level employee having decision-making authority with regard to parking enforcement operation and management is available to the City by mobile phone twenty-four (24) hours a day, seven (7) days a week. 1.7.4 An average of one hundred twenty (120) hours of parking enforcement per week and eight (8) hours of parking enforcement per weekend shall be performed by contract employees. The total number of average hours is equal to one hundred sixty-eight (128) hours. 1.7.5 Contractor will staff on/off-street parking enforcement and maintain enforcement hours pursuant to the following: 1.7.5.1 On-Street Enforcement 1.7.5.1.1 Enforcement hours to be performed during peak parking and collection demand times in concert with City direction. 1.7.5.1.2 Minimum of one (1) weekday early shift beginning at 2:00 AM per month. 1.7.5.1.2.1 Shift Example: 2:00 AM – 10:00 AM (8 hours) 1.7.5.1.3 Minimum of two (2) weekday late shifts ending at 6:00 PM per month. 1.7.5.1.3.1 Shift Example: 10:00 AM – 6:00 PM (8 hours) 1.7.5.1.4 Minimum of two (2) weekend overnight shifts per month (one (1) person on Saturday and one (1) person on Sunday) It shall be up to the discretion of the Contractor to determine if weekend contract employees are full-time or part- time status. A-5 1.7.5.1.4.1 No overtime rates will be honored for weekend shifts worked by a full-time Senior Parking Enforcement Representative or full-time Parking Enforcement Representatives. 1.7.5.1.5 Shift Example: 2:00 AM – 6:00 AM (4 hours) 1.7.5.2 Off-Street Enforcement 1.7.5.2.1 Enforcement of each off-street parking location every day. 1.7.5.2.2 Enforcement seven (7) days per week per the Chief of Police or his designee. 1.7.6 Contractor shall be responsible for making available for participation in a hearing process any contract employee who issued a parking citation which is being contested or challenged. All work schedules and additional details shall be arranged with and approved by the Chief of Police, or his designee. 1.7.7 The Chief of Police, or his designee, maintains approval rights for the appointing of all parking enforcement positions. The City reserves the right to request that an employee be replaced at any time without cause. 1.8 Training. 1.8.1 Contractor shall provide training programs for all regular and replacement contract employees who work in the City, in their respective scope of job duties. Additionally, and as needed, Contractor shall provide retraining and continuing education for contract employees. 1.8.1.1 Contractor shall train all of its employees prior to being assigned for service in the City. 1.8.1.2 The initial training shall be in the form of an employee orientation lasting no less than eight (8) hours. The employee(s) shall complete this training within ten (10) days of their hire date. Contractor shall notify the City of completion of said completion. 1.8.2 Training shall be comprehensive and include information on topics including but not limited to: A-6 1.8.2.1 General parking enforcement programs and duties. 1.8.2.1.1 California Vehicle Code (CVC), Arcadia Municipal Code (AMC) and ordinances related to parking enforcement. 1.8.2.2 Specific policies and procedures adopted by the City. 1.8.2.3 Customer service and expectations. 1.8.2.4 Ethnic sensitivity training. 1.8.2.4.1 Dealing with persons with disabilities and the Americans with Disabilities Act of 1990. 1.8.2.5 Dealing with difficult people. 1.8.2.6 Conflict Management and dispute resolution. 1.8.2.7 Civil rights laws and procedures. 1.8.2.8 Giving testimony and courtroom and hearing procedures. 1.8.2.9 Job procedures and emergency protocols. 1.8.2.10 Job safety as required by OSHA/WISHA. 1.8.2.11 Public Safety. 1.8.3 Training shall include instruction on communications procedures, on hearing officer presentations, the proper and acceptable use of all parking enforcement equipment, including but not limited to transportation vehicles, radios, public relations and conflict mitigation techniques, and citation devices if available. 1.8.4 Contractor shall submit a copy of its Employee Training Manual to the City within fourteen (14) calendar days after award of Professional Services Agreement for approval, in writing, to the Chief of Police or his designee. A-7 1.8.5 A copy of the written training procedures for all employee classifications shall be submitted for review and approval to the Chief of Police, or his designee. The City retains the right to amend any contract employee’s training program. 1.8.6 Contractor shall make necessary revisions to training on an as-needed basis, but at least on an annual basis, submitted to and approved, in writing, by the Chief of Police or his designee. 1.8.7 In addition to said training, Contractor will be responsible for all additional training beyond the 80-hours of job-specific training provided by, and paid, for by the City. 1.9 Uniforms. 1.9.1 Contractor will be responsible for providing contract employees with a conspicuous I.D. badge and distinct uniform that is proper, complete and acceptable. The Chief of Police, or his designee shall approve any uniform and I.D. badge proposed by the Contractor. 1.9.2 Each contract employee shall receive two sets of uniforms per year. The uniforms shall be replaced annually or on an as-needed basis. 1.9.3 Uniforms shall include name tag and “Arcadia Parking Enforcement” placed on the front and back of the uniforms. 1.9.4 The City retains the right to determine what is a proper, complete, and acceptable uniform. Uniform design must be approved by the City. 1.9.5 Contractor shall be responsible for making sure uniforms are complete, clean, pressed, and professional in appearance. 1.9.6 All contract employees are to be in complete uniforms at any time they are engaged in enforcement duties, or appearing in court in matters relating to their employment with the City. 1.9.7 All contract employees must carry photo identification and a copy of their work identification while on duty. A-8 1.10 Equipment. Contractor will be financially responsible for all lost or damaged City property (ticket holders, radios, and citation devices) that are issued to Contractor employees. 1.10.1 Vehicles. Contractor is responsible for supplying its transportation requirements including a minimum of two (2) regulatory vehicles for use in the performance of on-street enforcement duties. 1.10.1.1 Contractor shall pay for all associated vehicles costs including but not limited to gasoline and maintenance. 1.10.2 All vehicles used by Contractor in its performance of this Agreement shall: 1.10.2.1 Be clearly identified as performing parking enforcement. 1.10.2.2 Be operated at all times in compliance with all state and local motor vehicle laws. 1.10.2.3 Have a prominent sign on the rear of the vehicle warning of frequent stops. 1.10.2.4 Contractor is responsible for the cleanliness, repair, and replacement of all vehicles used in the performance of this Contract. 1.10.2.5 Contractor will provide the Chief of Police, or his designee with a set of spare keys of the vehicles assigned in the Contract. 1.11 Reports. Contractor will be responsible for providing a monthly summary of Contractor employee activities, including, but not limited to, total number of citations, total number of reports, total billable work hours, patrol hours, and non-patrol activities (hearing process). 1.12 Other. Contractor shall be responsible for assuring employee compliance with all laws and regulations, compliance for all employment related laws and regulations, responding to inspections/audits by regulatory agencies and the City, and will pay any fines or assessments levied by regulatory agencies. A-9 Exhibit "B" SCHEDULE OF SERVICES Consultant shall perform duties as needed and required pursuant to the terms of the Agreement. B-1 Exhibit "C" COMPENSATION City shall compensate Inter-Con for the services provided hereunder as follows: Position Regular Bill Rate Overtime Bill Rate Parking Enforcement Representative (Day) $30.51 $45.77 Parking Enforcement Representative (Grave) $36.05 $54.08 Senior Parking Enforcement Representative (Grave) $38.82 $58.23 Senior Parking Enforcement Representative (Day) $33.28 $49.92 Parking Enforcement Representative (Weekend Grave) $43.39 $65.09 Position Hourly Wage Year 1 Hourly Wage Year 2 Hourly Wage Year 3 Parking Enforcement Representative (Day) $16.00 $16.50 $17.00 Parking Enforcement Representative (Grave) $20.00 $20.50 $21.00 Senior Parking Enforcement Representative (Day) $18.00 $18.50 $19.00 Senior Parking Enforcement Representative (Grave) $22.00 $22.50 $23.00 Parking Enforcement Representative (Weekend Grave) $25.00 $25.50 $26.00 The total cost per year shall not exceed two hundred thirty-seven thousand two hundred forty dollars and sixty-four cents ($237,240.64). Thus, for the first three years of the contract, from July 1, 2020, through June 30, 2023, the total cost shall not exceed seven hundred eleven thousand seven hundred twenty-one dollars and ninety-two cents ($711,721.92). Inter-Con indicates no contingencies and the labor rates of all parking enforcement representatives will be held constant throughout the 3-year term. However, rates are subject to review upon renewal at the end of Year 3. The Parties will review costs during the City’s budget preparation process during the first quarter of 2023. 1 SPECIAL PROVISIONS C-1 1.1 The rates above are based on services provided for one hundred twenty-eight (128) hours per week. A rate adjustment will be made for any significant decrease in service hours. 1.2 The pricing factored into the fully burdened billing rates in this Agreement are based on current medical insurance pricing using the best information available to Inter- Con. 1.3 Inter-Con’s rates include the cost of eight (8) hours of initial training and eight (8) hours of annual refresher training. 1.4 Inter-Con will have available a minimum of two (2) part-time Reserve Force Parking Enforcement Representatives to ensure post coverage at all times. 1.5 All Inter-Con personnel will be provide with 40 hours of Paid Time Off. 1.6 All Inter-Con personnel will be provided with Sick Leave according to Inter-Con’s Paid Time Off Plan. 1.7 Special Event hours and/or Additional Details as requested by the City will result in additional billable hours for service performed. 1.8 Court-related time will be set at a one-hour minimum or actual time (at the overtime rate if not on-duty). 1.9 Beginning July 1, 2023, qualified contract employees may receive a step increase at twelve (12) month intervals. The advancement through the salary steps will be discretionary based upon satisfactory performance and continuous service in the same classification. 1.10 Inter-Con will recognize the following six (6) holidays, whereupon PERS will be paid for a full eight (8) hour shift. This cost is included in Inter-Con’s rate and will not be billed to the City. President’s Day and Veteran’s Day are not included in the recognized holidays. C-2 1.11 The hourly rates shown include the cost of two (2) clean and maintained vehicles with average mileage per vehicle of twenty-five thousand (25,000) per year. 1.12 Mileage over twenty-five (25,000) for each vehicle will be charged at the IRS specified rate. 1.13 Beyond the dedicated Senior/Supervisory level PER that is embedded in this program, Inter-Con will also provide an assigned Project Manager. Inter-Con will provide the City with the full support of their 24/7 Global Security Operations Center as well the daily support of Recruiting, Logistics, Training, Payroll, Billing, Accounting, Technology, and Contracting teams. 1.14 Inter-Con’s rates assume that the City will pay for all services performed monthly in arrears and will provide payment to Inter-Con no later than thirty (30) days after receipt of Inter-Con’s monthly invoice (“Due Date”). C-3 Inter-Con’s Program Costs and Staffing Levels C-4 Exhibit "D" CITY RESPONSIBILITIES 1 CITY GENERAL OBLIGATIONS 1.1 Background Check. City will, at its expense, conduct a background check as part of the proposal evaluation process of any employee that may include, but is not limited to: fingerprinting, a check of criminal convictions, and driving history. If the City determines, through said background check, that a contract employee is not qualified to provide services to the City as specified in the RFP and Contract, the City will notify the Contractor in writing as to the City’s findings. Although the Contractor may retain the disqualified employee, the Contractor must not use or dispatch the disqualified employee for a service that the Contractor provides to the City under the RFP and Contract. 1.2 Training. City shall pay wages for eighty (80) hours of job-specific training for each contract employee, which will occur over the course of a two (2) week period. Training will be administered by the Chief of Police’s designee. 1.3 Communications Equipment. City shall provide to contract employees radio equipment that will be checked out and returned before and after each shift. City will be responsible for normal maintenance and service equipment. 1.4 Citation Equipment. City will supply Contractor with hand-held citation devices at City’s expense. City shall be responsible for normal maintenance and service of said equipment and related supplies. 1.5 Towing. City will be responsible for providing a separate contact for towing (impounding/immobilization) services associated with municipal parking enforcement, and shall be solely responsible for the actual impoundment and/or immobilization of vehicles. 2 CITY RIGHTS 2.1 The City retains the following rights: 2.1.1 The right to set all hours of enforcement operations and approve daily and weekly assignment schedules. D-1 2.1.2 The right to modify, alter, and/or delete procedures, instructions, and codes during the term of the Contract. 2.1.3 The right to demand additional information and reports, including, but not limited to drug-screening reports, as may be permitted by law. 2.1.4 The right to modify, exchange, add, delete, or replace any City supplied forms and/or equipment. 2.1.5 The right to approve or disapprove of any new hire assigned to the Contract. 2.1.6 The right to withdraw the enforcement authority of any contract employee, either permanently or temporarily, when such action is in the best interests of the City, and the right to replace any contract employee when his/her continued employment is detrimental to the best interests of the City. 2.1.7 The right to approve or disapprove any invoice and to adjust any invoice to reflect properly applied chargebacks, and the right to charge back any item discovered after an invoice has been submitted and approved for payment. D-2 Exhibit "E" ADDITIONAL PROVISIONS 1 ADDITIONAL PROVISIONS 1.1 Billing. The billings for all services rendered pursuant to the Agreement shall be submitted monthly, based upon the services rendered at the time of the submission, to City by Contractor, and shall be paid by the City within twenty (20) days after receipt of same. 1.2 Voided Parking Citations. Any parking citations that are deemed inappropriate during or immediately after the issuance of a citation can be voided by the parking enforcement representative (PER) that issued the parking citation as long as he/she follows up with a correct citation. If the PER determines that the parking citation should be voided due to an error on his/her part, and a correct cite will not be issued, the PER shall obtain authorization for such void from the highest ranking representative on duty at the time that the decision is made. If the said representative cannot be reached, the issuing PER shall obtain authorization from person(s) named by the Contractor Director and the Chief of Police, or his designee. 1.3 Unsatisfactory/Unjustified Void of Parking Citations. 1.3.1 Although the City understands that voided parking citations will occur during regular patrol, it is the City’s intention to issue only valid citations. All voided citations must be recorded in a daily log and reviewed and authorized by the Chief of Police, or his designee. Weekly, the Chief of Police, or his designee, will report to the Contractor any unsatisfactory and unjustified voids by an PER. The Contractor shall be responsible for reporting the appropriate action taken to prevent future occurrences. At no such time shall an PER exceed two percent (2%) of unsatisfactory or unjustified voids in a one-month period. If this does occur, Contractor must deduct $5.00 per void in excess of two percent (2%) per PER. This condition will apply to all PERs who have been working for the Contractor for more than one month. 1.3.2 If several citations were issued for the same type of violation in a relatively close period of time, all of these citations will be considered a mistake that accounts for one void only. (Examples of such special considerations include: A sign missing from a street whereby 13 vehicles were cited because PER did not realize the sign was missing; PER fails to realize that a street was exempt from the overnight parking ordinance; PER does not honor a special exemption for an event.) If a continual error has been brought to an PER’s attention, and if the problem continues to occur, it will not be deemed for special consideration. E-1 1.3.3 The parties agree that Inter-Con shall be liable for two hundred dollars ($200.00) liquidated damages if a scheduled eight (8) hours shift is unfilled due to short staffing (equivalent to a $200.00 maximum penalty per day). In regards to tardiness, penalty of fifty dollars ($50.00) for every fifteen (15) minutes a contract employee is late up to one (1) hour or two hundred dollars ($200.00) total. 2 CITY SUPERVISION 2.1 The City’s Chief of Police, or his designee, shall have the right of general supervision of all work performed by Contractor and shall be the City’s agent with respect to obtaining Contractor’s compliance hereunder. No payment for any services rendered under the Agreement shall be made without prior approval of the Chief of Police, or his designee. E-2