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HomeMy WebLinkAboutLAZ PARKING CALIFORNIA, LLC INSURANCE NOT ON FILE WORM MAY NOT PROCEED A-2026-079 CITY CLERK HATE: SON 1 P 0(00 AGREEMENT WITH LAZ PARKING LLC TO PROVIDE PARKING «11- JJ ENFORCEMENT SERVICES THIS AGREEMENT is made and entered into on this 2nd day of June, 2026 by and between LAZ Parking California LLC, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On March 19, 2026, the City issued Request for Proposal No. 26-022, by which it sought a Contractor to provide parking enforcement services for the City, B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-022, C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified Exhibit B for a Full-Tune (FT) Supervisor, six (6) FT Ambassadors and one (1) Part-Time Ambassador. The total amount to be expended during the initial term of this Agreement shall not exceed $980,000. This amount includes funding to cover any additional services or expenses requested at the sole discretion of the City. b. Parties understand that any extension of the term, as defined in Section 3 below, shall be memorialized by way of an amendment to the Agreement to provide funding for the extended term. Said amendment(s) are subject to the approval of the City Council of the City of Santa Ana. Page 1 of 9 #2182777v2 c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. 3. TERM This Agreement shall commence on July 1, 2026 and continue for an initial term through June 30, 2027 with the option for the City to grant up to four (4) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Doclunents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents&Data.Contractor makes no such representation and warranty in regard to Documents &Data which were provided to Contractor 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. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. Page 2 of 9 #2182777v2 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel,and representatives from liability: (1) for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 3 of 9 #2182777v2 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above, If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. Page 4 of 9 #2182777v2 e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed, religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to Iimit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination, In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case Page 5 of 9 #2182777v2 such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 6 of 9 #2182777v2 With courtesy copies to: Chief of Police Santa Ana Police Department 60 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 Fax:714-245-8190 To Contractor; Muhammad Mansoor,Vice President LAZ Parking California, LLC 949 South Coast Drive, Suite 515 Costa Mesa, CA 92626 Fax: 714-290-4854 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature on following page] Page 7of9 #2182777v2 I AGREEMENT WITH LAZ PARKING LLC TO PROVIDE PARKING ENFORCEMENT SERVICES IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITYP)y SANTA ennif r L. all ` ' Alvaro Nunez City I • City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Im 4�� By: � Tamara Bogosian By: John Svendblad Assistant City Attorney Title: President RECOMMENDED FOR APPROVAL: Robert Rodriguez Chief of Police Page 8 of 9 #2182777v2 EXHIBIT A SCOPE OF SERVICES #2X82777v2 ter CITY OF SANTA ANA EXHIBIT 1 — SCOPE OF SERVICES I. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing a Request for Proposal (RFP)for Parking Control Enforcement Services. The provided service by the awarded Contractor will enforce parking regulations as outlined in the Santa Ana Municipal Code and California Vehicle Code as follows, but not limited to: 650 weekly residential street sweeping curb miles, residential permit parking district enforcement, parking meter enforcement, general Citywide enforcement, and other parking enforcement services as assigned by the Santa Ana Police Department. in the future, we would like to expand enforcement services to meet the needs of the community, specifically enforcing permit parking districts. A. IMPLEMENTATION The awarded Contractor shall perform the following tasks at minimum: 1. Implement parking control enforcement services of the entire City of Santa Ana. 2. Adhere to the street sweeping routes, permit parking districts, parking meter zone locations provided by the City of Santa Ana Police Department. 3. Appropriately staff all routes and provide personnel for all services contained herein. Additional services may include traffic control as necessary on either an emergency or pre- planned basis. 4. The City will provide an office space within City limits. The office space is to be utilized for the sole and exclusive use of parking enforcement services, and must be large enough to accommodate all personnel and equipment needed to adhere to the Agreement. 5. Santa Ana Police Department Staff shall have the right to modify, reduce, or remove the number of parking enforcement schedules, routes,frequency, phases, standards, and specific days of parking control enforcement services. 6. Santa Ana Police Department Staff shall have the right to remove contracted personnel with prior notice to the awarded Contractor. B. PERFORMANCE SCHEDULE The City shall provide work schedules to the Contractor which will follow the City's established service schedules. The current schedule for this project is Field Supervisor and the (5) FIT Ambassadors are working Mon - Friday, 0715am - 345pm. (1) PIT Ambassador works Tuesday - Friday, 1:00pm — 5:00pm. The second PIT Ambassador works Tuesday - Saturday, 5:00pm — 01:30am. This is a sample schedule and is subject to change based on contractor and the needs of the City. The Contractor shall be provided the opportunity to discuss schedule adjustments if needed to meet special circumstances. The City shall make all final decisions regarding Contractor schedule adjustments based on feasibility and efficiency of completing the goal of parking control enforcement during the contracted service schedule. (9) CITY OF SANTA ANA II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE The City will determine the schedule to meet the City's parking enforcement needs. The contractor shall then determine work assignments based on the schedule. The work assignments shall clearly identify the tasks required by this agreement and the days they are scheduled to be performed in each particular area. Contractor shall have the option to review and propose schedule adjustments to the City for review in an effort to improve parking control program efficiency. If it is necessary to make periodic revisions to this schedule, a modified schedule must be submitted for review to the Project Manager or designee for approval prior to the date the changes are to take effect, but not less than 48-hours. Otherwise, it is intended that the Contractor will develop a permanent schedule utilizing the information provided by the City, which will allow the City to monitor the Contractor's progress. The Contractor shall be able to enforce designated sections of the Santa Ana Municipal Code and California Vehicle Code as it pertains to parking violations, as authorized by the Santa Ana Police Chief or his designee. At any time, the Santa Ana Police Department can limit the enforcement of any California Vehicle Codes as well as any Santa Ana Municipal Codes. Contract employees shall be required to appear and testify at court and confer with the City Attorney's office regarding citation appeals, when necessary. The Contractor shall adjust their schedule to compensate for all holidays and rainy days. The Parking Ambassadors will be redeployed to other enforcement needs of the City on rainy days. The designated Contractor holidays for this Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by the City. B. CONTRACTOR PERSONNEL 1. The Contractor shall furnish the necessary enforcement personnel, including one (1) supervisor. Hours will be determined based on the needs of the City. The City of Santa Ana shall have final discretion in approving changes to work hours and assignments or areas. The City of Santa Ana reserves the right to assign Parking Ambassadors to perform other duties related to parking enforcement within the hours of any shift. 2. A list identifying the names of all Contractor parking enforcement personnel shall be provided to the City Project Manager or designee. 3. Each of the Contractor's employees performing work shall: a. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's preferred bilingual list is preferable. b. Be trained and bonded, and a minimum of twenty-one (21) years of age. c. Contractor to provide City with proof of background check, CA driver's license, and proof of any company training for each staff member assigned to the project. d. Be capable of performing assigned duties. e. Can pass a background check that shall include a review of the employee's criminal history. This review will inform the City of any crimes committed that would that would pose a liability for the City, including crimes of violence. Convictions for traffic violations shall be assessed based on their severity, frequency, and timeframe. The City of Santa Ana reserves the right to mandate removal of any contractor's employees found unacceptable to the City for any reason. The contractor is responsible for all costs associated with performing background checks. CITY OF SANTA ANA f. Possess a High School Diploma or its equivalent. g. Be well groomed at all times, and at a minimum, be in compliance with the Santa Ana Police Departments policies related to grooming standards and tattoos while on duty (Exhibit 1A). h. Have a minimum of twenty (20) hours of training on the City's parking citation forms and procedures including, but not limited to: use of necessary equipment, vehicle operations, traffic control procedure, etc. Contractor to provide training to all staff and provide proof of training upon request. i. Have a minimum of twenty (20) hours of basic customer service training including, but not limited to: conflict resolution, cultural diversity, challenging customer interactions, etc. Contractor to provide training to all staff and provide proof of training upon request. The City will offer additional customer service training within the first two (2) months of the new contract. j. Have a minimum of twenty (24) hours training on relevant federal, state and local laws, regulations, rules, policies, guidelines and procedures. Additional training may be required as determined by City staff. Contractor to provide training to all staff and provide proof of training upon request. 4. The Contractor shall be properly licensed as well as all of the contractors' personnel assigned to field operations. Each employed persons shall have a current Security Guard Registration License "Guard Card" issued by the State of California pursuant to the California Business and Professions Code. However, regardless of certification, no Parking Ambassadors or supervisors shall carry or be armed with any firearm, impact weapon or electronic control device while performing their duties under this agreement. All employees assigned by the Contractor shall have a valid California driver's license and remain in good standing with the California Department of Motor Vehicles. 5. The Contractor must provide a field supervisor during daytime working hours to supervise all contractor enforcement employees on duty. This field supervisor may also perform ancillary duties as a parking enforcement Parking Ambassador, but shall not fill in for an absent employee or perform duties that would hinder their ability to supervise personnel in the field. The field supervisor shall have substantial expertise and experience in parking enforcement duties. The supervisor shall be the primary contact between the city and Contractor on matters relating to the enforcement services provided through this RFP. 6. The Supervisor shall be the primary daily operations contact to the City and shall also perform the following: a. Respond to citizen complaints and provide the City's designee with a copy of the complaint and the resolution. Or, in the event an investigation is required, the Supervisor shall take the necessary steps to resolve the complaint and the date a resolution can be expected. b. Contact the City designee at least once each day to discuss and clarify operational assignments and receive any special instructions. c. Ensure that contractor personnel perform the duties required by the RFP. d. Prepare and submit all citation amendments, monthly progress reports and status reports this shall be required by the City designee. e. Assist with parking citations adjudication process if requested by the City designated Project Manager. 7. The Contractor shall be required to designate a second level supervisor. This person shall have the authority over the personnel and shall be a member of the Contractor's management staff with authority to represent the contractor on policy matters. (9) CITY OF SANTA ANA 8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work in the field. a. Uniform specifications shall include a photograph or diagram and written description of the uniforms for male and female parking enforcement personnel and include marking(s), shirt sleeves length (short or long), shoe type, the color of shirts, pants, jacket(s) and any other relative information. The Santa Ana Police Department's Traffic Division Commander or his designee shall review and approve all uniforms and insignias. b. Uniforms shall be properly fit with no rips or tears and must be clean and pressed at all times to present a neat appearance. c. Worn or damage uniforms should be promptly replaced. 9. If the Contractor finds it necessary to utilize substitute personnel to cover personnel who call in sick or take time-off, the substitute personnel shall be equal in qualifications and training to the regularly scheduled personnel and billed at the same rate. 10. The City designee shall conduct the final review of all contract employees prior to being assigned to perform parking enforcement services within the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion in the hiring and termination of personnel working on this contract. The Chief of Police or his designee may remove contract personnel, upon written communications to the Contractor. C. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. D. WAGE REQUIREMENT The City is searching for the highest quality parking enforcement services available with proven low employee turnover rate. In order to attain this goal, it is necessary to set a minimum hourly rate for the Parking Ambassadors of $22.00 per hour and a minimum hourly rate of $28.00 per hour for the Supervisor. Having a wage requirement will ensure an experienced and qualified pool of applicants. It will also serve to decrease turnover, improve service quality, and generate a positive impact for the public by having a stable staff. Additionally, a wage requirement will encourage Contractors to compete based on quality rather than labor costs. E. PARKING CITATION BOOKS I E- TICKET WRITERS The City will issue numbered Parking Citation Books or Electronic Ticketing Devices to the Contractor containing individually numbered citations. The Contractor shall be held accountable for the disposition of all electronic devices, E-Cite paper rolls, books, citations and for stolen or lost citations. The loss of a citation will result in a charge in the amount of$100 levied against the Contractor by the City for each citation lost or unaccounted for, not to exceed $2,500 for each book. The loss of a book of citations or ticketing device may result in a charge against the Contractor by the City of $2,500. Such charges may be increased and the City will provide notification to the Contractor prior to action taking place. (9) CITY OF SANTA ANA F. WORKING HOURS The Contractor shall perform parking enforcement services seven (7) days-a-week, twenty-four (24) hours per day on a continuous and uninterrupted basis throughout the term of the Agreement. Observed holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by the City. PERFORMANCE DURING INCLEMENT WEATHER 1. The City shall determine when the parking control enforcement operations should cease due to inclement weather or other reasons and will notify the Contractor immediately once that decision is made. 2. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 3. Failure to adjust the work force as directed by the City shall result in deduction of payments to reflect only the work actually authorized and accomplished. G. PARKING CONTROL ENFORCEMENT SERVICES EQUIPMENT 1. The awarded Contractor shall use vehicles adhering to the following requirements at minimum: a. Provide vehicles, in good repair, for use by the Contractor's employee while out on field duty. These units must be suitable for parking control and enforcement. The Contractor shall be responsible for all operating expenses, maintenance and insurance for each vehicle. The enforcement vehicles shall be exclusively assigned to this contract. b. All vehicles are to be no more than (3) three years in age, unless otherwise approved by the City designee. All vehicles are to be kept clean, in good repair and in good appearance. c. The Contractor shall provide a listing of all parking control enforcement vehicles or any relief/substitute vehicle identifying: i. Make, model, and year ii. Company identification unit number iii. California license number iv. Company vehicle colors d. All vehicles are to be inspected by the California Highway Patrol with inspection certificates given to the Santa Ana Police Traffic Division Commander. e. The vehicles shall be equipped with: ii. Fixed and permanent amber/White LED warning lightbar, and all safety equipment is to be paid for and furnished by the Contractor. iii. Two (2) sets of road trouble fluorescent triangles, one case of flares that are thirty-minute in duration (30 ) and ten (10) orange traffic safety cones that are 28 inches in height with a florescent reflective collar. CITY OF SANTA ANA iv. Other safety devices, which may be reasonably required by the City. 2. The Contractor shall provide instant communication access via a cellular phonelradio to all personnel while performing their duties. 3. FUELING OF PARKING CONTROL ENFORCEMENT VEHICLES The Contractor shall be responsible for fueling each parking control enforcement vehicle and shall be ready to conduct enforcement activities at all scheduled times. 4. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at all times while conducting business in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre-approved by the Traffic Commander prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage is not be allowed. Such signage shall state Authorized Contractor, Santa Ana Police Department, name of Contractor and Contractor telephone number or other required City designated language and markings. Signage Letter Minimum Size shall be two-inches for Authorized Contractor, Santa Ana Police Department. A minimum of one-inch height will be required for all other information. 5. GLOBAL POSITIONING SYSTEM (GPS) It is highly desirable for the Contractor to provide a GPS system in all parking control enforcement vehicles used in the City that enables the monitoring of the parking control enforcement vehicle locations at all times via computer. The system should provide the ability to monitor the day-to-day operation of the parking control enforcement vehicle including its current location, streets covered, times and total miles driven. If provided, the City and Contractor shall be enabled to view this information via computer at all times and GPS reports shall be made available at the request of the City. H. INSPECTIONS The Chief of Police or his designee shall regularly inspect the parking enforcement routes and other areas subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable requirements shall be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. I. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES i. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. (9) CITY OF SANTA ANA ii. The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards unless engaged in traffic control operations authorized by the City. In such cases, the Contractor shall only use vehicles or equipment in a safe manner as prescribed by the training required by this contract. The Contractor shall be responsible for the use of all appropriate warning traffic safety devices when deemed necessary. iii. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage City streets, street trees, sidewalks or street curbs. In the event that damage to the City's right-of- way has occurred in the course of work, the Contractor shall be solely responsible for its repair or replacement. J. SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. K. CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. All Contractor personnel are a reflection of the City of Santa Ana and as such are expected to; 1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3. Comply with all federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Train other Contractor employees to be polite and courteous during public contact. 6. Employ truth and accuracy in reporting customer service records. 7. Participate in the annual Community Engagement Enforcement Philosophy training provided by the Santa Ana Police Department Traffic Division. L. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a monthly report indicating work performed, including GPS maps of routes (if required by City) and submit this completed report to the City Projects Manager or designee. This report should also contain a description of work performed, including personnel hours, equipment, and any additional work, which the Contractor deems to be beyond the scope of the contract. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of Santa Ana Public Works Agency (9) CITY OF SANTA ANA and the City of Santa Ana Police Department to the Contractor, identifying whether or not those calls require a request for service, and a description of the action taken from the City tali. The Contractor shall provide monthly phone customer service logs from the public, indicating name, date, time and phone number of caller, reason for request, response/action by Contractor and time required to address request. Such logs shall be accurate and truthful. The Contractor shall permit the City to inspect and audit its books and records regarding City-provided services at any reasonable time. M. CITATION PROCESSING The contractor shall submit all paper citations issued by their employees to the City's designated citation processing center in a timely manner. In the event of an error on a citation or when a citation is deemed by the Traffic Commander or city designee to have been issued inappropriately, the Contractor shall bear the processing cost of said citation to include amendments, fees for data entry, administrative hearings costs, court filing fees, dismissal, notices, removal of DMV holds, etc. This provision shall not apply to citations dismissed in the Interest of Justice or those citations that are issued in good faith but are dismissed due to circumstances that are not within the control of the contractor. N. ON-CALL/AFTER HOURS 'PARKING ENFORCEMENTISPECIAL DETAILS The City of Santa Ana anticipates the need for parking control personnel to assist with parking enforcement and/or traffic control for pre-planned events such as parades, special events, marathons and nighttime parking enforcement. The City will make every effort to provide the Contractor with as much advanced notice as possible when these services are required. In addition, the Contractor will provide the City with names and telephone numbers of at least two qualified contact persons or a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cellular phone who can be called by City representatives when emergency calls for service occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within one (1) hour from receiving notification. The City anticipates the need for this service of up to 5-occurrences per year for events that cannot be predicted in advance such as power outages, major collisions or other events that require traffic control on a wide scale. If additional personnel are required, the Contractor agrees to make every effort to fulfill the needs of the City to help mitigate the issue necessitating the response in a timely fashion. 0. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a weekly basis or as determined necessary by the City. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. (9) CITY OF SANTA ANA P. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. The City has the option to purchase and provide materials. The City has the option to purchase special material or the City will reimburse the Contractor for purchase of special material only after authorization by the City. III. DEFINITIONS 1. City — shall mean City of Santa Ana and representatives of the City of Santa Ana, i.e. Police Department or Public Works Agency. 2. Contractor Holidays — New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by the City. 3. Inclement Weather — weather conditions that prohibit the effective operation of parking control enforcement operations. 4. Street— all paved dedicated public rights-of-way within the existing or future City limits. 5. Parking Ambassador Supervisor — an employee of the contractor with supervisory authority over the Parking Ambassadors and possesses the requisite authority to make decisions, respond to complaints on behalf of the company and engage designees from the City regarding any service concerns. As an ancillary duty, a Parking Ambassador Supervisor may perform the duties of a Parking Ambassador as outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or traffic control. 6. Parking Ambassador—an employee of the contractor assigned to perform the duties outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or Traffic Division Commander EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable #2182777v2 Exhibit B - Cost Proposal With a new five-year contract terra, LAZ Parking will replace its current fleet.This investment not only updates our vehicles but, by securing a new fleet, allows us to pass on savings in our hourly billable rates. Additionally, rent cost incorporated into line item no. 4 in the pricing table. Alternate Pricing Submissions: 1) Adjusted Attachment Al -(Based on Q&A Response to Question 1.11)which adjusted the FT Ambassadors to 6 and PT Ambassador to 1: ATTACHMENTAI-PROPOSAL LINE ITEM PRICING(updated based on Q&A response 1.11) LINE CURRENT CONTRACTED STAFFING Hours PAY RATE BILL RATE TOTAL(BR&HOURS) ESTIMATED E%TENDED TOTAL (811) TRAVELCOSTS PRICE 1 Full-Time Supervisor(Anti ci pate 2,080hrs. Z080 $4425 $7679 $159,723.20 $0.00 $159,723.20 annually) (6)Full-Tme Parking Ambassadors z 12,480 $27.82 $S6.98 $711,110.40 $0.00 S713,110.40 (Anticipate 12,480 hrs.annually) 3 (1)Part-Time Parking Ambassadors $27.82 $56.98 $59,259.20 $000 $59,259.20 (Anticipate1,040hrs.annually) 4' 1 Contract Manager(Secondary 5upeMsor) $0.00 $29,064.40 Total Extended Cast(Add Lines 1,2,3and 4): $959,157,20 Per City's request Line 4 also includes Office Rent paid to City of Santa Ana Public Works 2) Adjusted Attachment Al - Based on contracted staffing hours currently provided. (7) FT Ambassadors and (1) PT Ambassador.This model will allow LAZ to retain all staff and provide the same level of service. ATTACHMENTAI-PROPOSAL LINE ITEM PRICING(updated based on current SOW) LINE CURRENT CONTRACTED STAFFING Hours PAY RATE BILLRATE TOTAL(BR&HOURS) ESTIMATED EXTENDEDTOTAL (BR) TRAVELCOSTS PRICE 1 Full-Time Supervisor(Anticipate 2,080 hrs. 2,080 $44.25 $76.79 $159,723.20 $0.00 $159,723.20 annually) 2 (7)Full-Time Parking Ambassadors 1 14,560 $27.82 $56.98 $829,628.80 $0.o0 $929,628.80 (Anticipate 14,560 hrs.annually) 3 (1)Part-Time Parking Ambassadors 1,040 $27.82 $56.98 $59,259.20 $0.00 $59,259.20 (Anticipate 1,040 hrs,annually) V Contract Manager(Secondary Supervisor) $0.00 $29,064.40 Total Extended Cost(Add Lines 1,2,3 and 4): $1,077,675.60 Per City's request Line 4 also includes Office Rent paid to City of Santo Ana Public Works lr� City of Santa Ana, CA I RFP No. 26-022 1 Parking Control Enforcement Services EXHIBIT C Insurance Requirements #2182777v2 i I Exhibit C-Insurance Requirements Contractor shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis, including products and completed operations,property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability(AL):Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: 1. CGL and AL policies: City of Santa Ana,its City Council, its officers,officials, employees, agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ics)agrees to waive all rights of subrogation against City, its City Council,its officers,officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City,its City Council, its officers, officials, employees,agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds,ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City.Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana,CA 92701.The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or 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 authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:Vll,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date,Contractor trust purchase"extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein,and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk, prior experience,insurer, coverage,or other special circumstances. i