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HomeMy WebLinkAboutE-12 Staff Report - Intercon Contract for Parking EnforcementCONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: STEPHAN HUNT, CHIEF OF POLICE DATE: JUNE 18, 2018 SUBJECT: APPROVE A 3-YEAR AGREEMENT BETWEEN THE CITY OF AZUSA AND INTER-CON SECURITY SYSTEMS, INC. FOR PARKING ENFORCEMENT SERVICES BACKGROUND: The Police Department recognizes the need for parking enforcement. The department consistently receives an annual call for service average of well over 65,000 calls per year. In order to maintain the quality of service and response times our community deserves, Community Service Officers and Police Aides respond to basic report calls, traffic collisions and a myriad of additional support services tasks. These priority calls for service limit their availability to address the parking concerns to the level they currently require. On June 2, 2017, the City of Glendora opened up a Request for Proposals for parking enforcement services. Inter-Con Security Systems, Inc. was the only company to submit a proposal. Inter-Con Security Systems, Inc. was awarded the service contract with the City of Glendora on October 10, 2017. Section 2-521 of the Azusa Municipal Code expresses that bidding is not required where a competitive bid procedure has been conducted by another public agency. This requirement is fulfilled by the Request for Proposals to Provide Parking Enforcement Services for the City of Glendora for the period of 2017-2020. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Approve a 3-year Agreement between the City of Azusa and Inter-Con Security Systems for Parking Enforcement Services with the option for two one (1) year extensions in an amount not to exceed $168,488.32 annually. 2) Authorize the City Manager to execute the contract. APPROVED CITY COUNCIL 6/18/2018 Parking Enforcement Contract June 18, 2018 Page 2 ANALYSIS: On March 5, 2016 the City welcomed the grand opening of the Metro Gold Line Rail System. Since the opening, and as a result of the downtown parking structure reaching its capacity as early as 7:00 a.m., an increase in commuters parking on residential and business district roadways has been observed. The majority of overflow parking caused by the Gold Line occurs during traditional business hours (Monday – Friday, 6:00 a.m. – 6:00 p.m.). To help alleviate the overflow parking problem, especially in the residential neighborhoods adjacent to the Gold Line, the City Council, in compliance with Section 5207(a) & (b) of the California Vehicle Code, adopted resolutions 2016-C30 & 2016-C31, establishing two Preferential Parking Zones. Due to higher priority tasks, sworn and non-sworn police personnel provide limited enforcement in these areas. Inter-Con Security Systems, Inc. is a leading U.S. owned Security Company providing a full range of physical security services to government and commercial customers. Currently, Inter-Con Security Systems, Inc. provides parking services to seven San Gabriel Valley Cities. Those cities are: Arcadia, La Verne, Covina, Glendora, Pasadena, San Gabriel and South Pasadena. Many of these cities have maintained their relationship with Inter-Con Security Systems, Inc. for over a decade. All Inter-Con parking enforcement officers are licensed security guards. When they are not conducting parking enforcement, Inter-Con employees are able to assist in providing extra patrols of city facilities, parks , schools, city-owned parking lots, and retail areas. Inter-Con employees have located stolen vehicles, DUI drivers and interrupted burglaries for the City of Glendora. Inter-Con Security Systems, Inc. has agreed to provide 80 hours of service for weekly parking enforcement and other duties described. Two parking enforcement officers will work day time hours Monday thru Friday. The officers will be managed by Inter-Con supervisors but while on duty in the city, parking enforcement officer are under the direct supervision and follow the direction of the Police Watch Commander. The parking enforcement conducted by Inter-Con employees under this agreement will be limited to Municipal Code violations such as, parking in excess of 72 hours, prohibited signs/markings, limited or restricted parking and parking in alley’s just to name a few. Any Vehicle Code violations they encounter will be reported to a Police Department Community Service Officer or Police Officer for enforcement action. Based upon the research and Request for Proposal conducted by the City of Glendora in June of 2017, it appears that Inter-Con Security Systems, Inc. is the only company in the Los Angeles area that provides parking enforcement officers who are also licensed security guards. FISCAL IMPACT: Approval of this contract is expected to have a positive impact on the General Fund. The annual cost of the service agreement with Inter-Con Security Systems, Inc. will not exceed $168,488.32 and is budgeted in account #10-20-333-000-6498. Citation revenues generated by this program is expected to fully cover the cost of the contract and likely generate additional revenues above the contract cost. Parking Enforcement Contract June 18, 2018 Page 2 Prepared by: Reviewed and Approved: Paul Dennis Talika M. Johnson Administrative Captain Director of Finance Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1. Agreement for Parking Enforcement Services 1 AGREEMENT BETWEEN THE CITY OF AZUSA AND INTER-CON SECURITY SYSTEMS INC. FOR PARKING ENFORCEMENT SERVICES This Contract is made and entered into between the City of Azusa, a municipal corporation, located at 213 E. Foothill Blvd., Azusa, California 91702 and Inter-Con Security Systems, Inc., a California corporation with principal office located at 210 South De Lacey Ave., Pasadena, California 91105 herein after referred to as Inter-Con Security; effective as of the date upon signing by the authorized representatives of the City of Azusa and Inter-Con Security Systems, Inc., for a term of three years. This Contract can be extended for two separate one year extensions by mutual agreement of both parties. Either party may withdraw f rom the contract upon 60 day written notice to the other party. WHEREAS, the City of Azusa requires a well-managed and financially sound firm with demonstrated experience and technical ability; qualified and trained personnel; updated and reliable equipment; and high levels of customer service and satisfaction to fulfill Parking Enforcement Services.; and WHEREAS, the City of Glendora gave public notice soliciting a Request for Formal Proposal (RFP) on June 22, 2017 for the purpose of establishing a multi-year contract for Contract Parking Enforcement Services; and WHEREAS, the incumbent service provider, Inter-Con Security was the sole responder to the RFP and has been determined to meet the requirements of the RFP, including possession of the appropriate licenses, insurance, equipment and personnel; and WHEREAS, the parties now hereby desire to enter into Agreement as fully set forth below. NOW, THEREFORE, the parties hereto, in consideration of their respective mutual promises, agree as follows: 1.Objectives This Agreement will establish a multi-year Contract for Parking Enforcement Services to be provided by Inter-Con Security for the City of Azusa (City). Inter-Con Security agrees to provide Parking Enforcement Services as required by the City f or the full term of the Contract as stated in the terms and conditions set forth within this Contract. 2.Scope of Services to be Performed Inter-Con Security will provide eight (80) hours of weekly parking enforcement and other duties as described below by staffing one parking enforcement officer from Monday through Thursday (0630 -1630) and one parking enforcement officer Tuesday through Friday (0630 – Attachment 1 2 1630) The City reserves the right to adjust these hours as deemed necessary. The primary responsibilities of the parking enforcement off icers are : A. Enforcement of Preferential Parking Districts. The City of Azusa restricts parking on public streets, in preferential parking districts, the Goldline Parking Structure and the Downtown Business District. Residents are issued permi ts which they may use or temporarily provide to their guests. B. Enforcement of restricted time parking in city-owned lots as posted. C. Enforcement of California Vehicle Code Sections and Azusa Municipal Code Sections related to on-street parking laws on all City streets and roadways. D. Enforcement of California Vehicle Code Sections and Azusa Municipal Code Sections related to off-street parking lots as posted. E. Participate in any hearing process or subsequent process involving a contested or challenged parking citation. Additional related duties include, but are not limited to, the following: • Locating and reporting to designated City staff , vehicles to be impounded or immobilized as a result of the vehicle’s driver having a specified number of delinquent parking citations. • Reporting to designated City staff, any unlawful act or condition or deficiency, which may pose a hazard or danger to the general public. • Patrol various sites and report suspicious activity as designated by City staff. W hile on duty in the City, parking enforcement officers will be under the direct supervision and follow the direction of the police watch commander. 3. Contract Personnel Minimum Requirements Inter-Con Security will provide training for all regular, replacement, and additional parking enforcement officers. Inter-Con Security will provide retraining and continuing education for their employees. Training shall be comprehensive and include information on parking enforcement statutes and ordinances, regulations, and resolutions enacted by the State of California and the City, parking enforcement programs, and policies and procedures adopted by the City. In addition, Inter-Con Security will staff parking enforcement officers who meet the following criteria: • Be at least 18 years of age. • Be able to read, write and speak the English language and must be able to write intelligible reports. • Have the ability to give and follow oral/written instructions in English. 3 • Have the ability to speak a second language, such as Spanish which is highly desirable, but not required. • Physically and mentally capable of performing parking enforcement duties. • Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation. • Have the ability to establish and maintain effective working relationships with the public and City personnel. • Possess a high school diploma or equivalent. • Possess a valid class “C” State of California driver’s license. • Possess all current State of California Consumer Affairs Security Guard requirements. • Have passed a background check, a drug-screening test, and undergone a comprehensive medical examination to determine fitness to perform assigned duties as required by the Police Chief. • Have a fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.). Inter-Con Security shall have enough trained staff to provide backfill employees in the event of sick call out in order to maintain minimum staffing levels. The City may exercise the right to participate in the selection process of the assigned Parking Enforcement Officer. The City may also exercise the right to remove a Parking Enforcement Officer with or without cause at the discretion of the Chief of Police. 4. Equipment Provided by Contractor Inter-Con Security will provide essential uniforms and related equipment. The following is a list of some of this equipment: • Light blue uniform shirt with dark blue trousers. Uniform shirts shall have the words “Azusa Parking Enforcement” placed on the front and the back. • Black leather boots/shoes. • Black leather belt. • S il ve r c o lo r nam e p lat e wit h e m p lo yee’s f irs t in it ia l and la s t nam es . • Cont ra cto r ident if i c a t io n badge , appr o ve d b y t h e Polic e Depart m ent . • Sum m e r unif o rm – ligh t b l u e polo styl e s h irt , dark b l u e s hor t pants, wh it e s o cks, c l ean wh i t e t ennis style s hoes . 4 5. Vehic l e s Provide d b y C ontr act or I n t e r -Co n Sec u rit y will p ro vid e a m in im u m o f t wo c learly/vi s ib ly m a rk e d “Cit y o f Azusa Park i n g E n f o rc em ent ” s ubc om pact vehic l e s i n g o o d runnin g o r der . Eac h c ont r a c t e m p l o ye e s hal l a rrive f o r dut y in a p roperly d e s ignat e d vehic le . Vehic le s s hall be in saf e workin g o rd e r and in com plian ce wit h all applica ble Ca lif o r n ia Vehic le Code Sect ion s . Vehic l e s shall be a newe r m odel vehic le, not le ss than three year s old , and f ree f ro m body dam a ge , m is s in g p a rts, o r any o t her vis ib le wear. Vehicle s that a re dam aged o r disab led wh ile in se rvice f o r t h e Cit y of Azusa s hall b e repla c e d wit h a n operable vehicle wit h in one hour. I n t h e e vent t hat a r epla c e m ent vehic le is unava ilable , t h e park in g enf o rc em en t of f ic e r s hall b e r e lie ve d o f dut y f o r t h e r e m a i nder of t h e s h if t and I n t e r -C o n Sec u rit y s hall pay Cit y p r o r a t e d li q u idat e d dam a g e s f o r lo s s o f c o n t ra cte d wo r k p e rf o rm anc e . 6. Liquidated Damages Inter-Con Security agrees to be held liable for $400.00 in liquidated damages if a scheduled 10-hour shift is unfilled due to short staffing or lack of an operable vehicle. 7. Voided Parking Citations Citations that are written in error, i.e. citizen has proper permit displayed, citizen has handicap placard displayed, or citation was written outside the City limits, shall not exceed 2% of the total citation written per officer, per month. In the event that the percentage of citations written in error by a parking enforcement officer exceeds 2% in one month, Inter-Con Security must deduct $5.00 per void in excess of the allowed 2% from the corresponding monthly invoice. 8. E quipme n t Pr o vide d b y th e Ci t y • Hand -held radios allowing for communication with Police Depart m ent pers onnel and Dis patch Cente r. • Park i n g c i t a t ions and wa rn i n g not ic e s . • Azusa Police Department Parking Traffic Enforcement training manual. • City of Azusa street maps. • Traffic chalk for tire marking. T h e c ont ra cto r is re s pons ib le f o r repla c in g any e qu ip m ent t ha t is lo st/dam a ged t hat is c aus e d b y t h e negli genc e o f t h e p ark in g enf o rc em en t of f ic e r . 9. Independent Contractor Status and Indemnity This Contract is not intended, and must not be, to create the relationship of agent, servant, employee, partnership, joint venture, or association between the City and Inter- Con Security. Inter-Con Security understands that in performing its services unde r the Contract, they will be an independent contractor. Inter-Con Security acknowledges that 5 its employees, subcontractors, and anyone who they directly or indirectly hires, employs, or uses are not employees or agents of the City of Azusa under any circumstance. Inter-Con Security has, and will retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons who the y use in performing the services under the Contract. Inter-Con Security must provide the required services in its own manner and method, except as the Contract specifies. Inter-Con Security shall not assign or transfer in whole or in part the service to be perf ormed by the provisions of this contract unless prior written consent of the Chief of Police of the Azusa Police Department or the Chief ’s designated representative has been received Any and all claims, demands or liability arising out of or encountered in connection with this Contract shall be borne by Inter-Con Security. Inter-Con Security agrees to comply with all federal, state, and local laws. Inter-Con Security agrees to protect, indemnify, defend and hold harmless the City of Azusa from all claims, demands, or liability arising out of or encountered in connection with this procedure, or the performance of work under it where such claims, demands or liability are caused by its employees or agents. 10. Insurance At its own expense, Inter-Con Security must obtain, pay for, and maintain during the Contract’s term, insurance policies listed below, to fully protect Inter-Con Security and the City from claims and suits for bodily injury, personal injury, property damage, and medical payments. 1. Commercial Business Automobile Liability in the amount of not less than $1,000,000 for all vehicles. 2. Commercial General Liability in the amount of not less than $1,000,000. Inter-Con Security shall submit to the Azusa Police Department a certificate of insurance, which shall not be canceled prior to the termination of the contract. The City of Azusa shall be a named insured in the policy. Inter-Con Security shall deliver a copy of said policy to the Azusa Police Department, subject to the approval of the City Attorney as to form, no later than two (2) weeks prior to the effective date of the contract. Coverage is to be provided by insurers admitted/authorized to do business in the State of California and approved by the City. Defense coverage must be in addition to policy limits. If umbrella coverage is used, it must include drop down coverage if underlying coverage does not apply, and the umbrella policy must have the same starting and ending date as the primary policy. Coverage is required to be maintained for the complete duration of the agreement. All insurance required hereunder shall be issued by a company rated “A” or better in Best’s Key Rating Guide and authorized to transact 6 business in the State of California as an admitted surety insurer. Inter-Con Security shall provide evidence of insurance by certificates or copies of policies. Inter-Con Security shall have the sole right to select its insurance carrier, provided such carrier lawfully transacts business in the State of California. Inter-Con Security agrees to, at its own cost expense, maintain a policy of W orker’s Compensation insurance providing coverage of persons employed by them in connection with work performed in, upon, or around the issuance of parking enforcement during the period covered by the Contract. The policy must meet all statutory benefit requirements of the Labor Code of the State of California. 11. Termination of Contract The Chief of Police shall have the authority to immediately suspend the Contract with Inter-Con Security if the conduct by Inter-Con Security or its agents/employees is deemed to be a danger to the public. Each party to this Contract shall have the right to terminate this Contract in its entirely at any time by giving the other party sixty (60) days written notice of the termination of the Contract. 12. Compensation The City shall compensate Inter-Con Security for the services that are provided in this Contract. The compensation for these services is listed in Attachment A as the “annualized costs” for each year the Contract is in effect. In addition, the City will compensate Inter-Con Security for the actual cost of the “Medical Pass-through” listed in Attachment B. For example, if one employee is enrolled in a medical insurance plan than compensation will only be for the cost of that employee. However, the total amount of compensation in no case will exceed the “estimated annual cost” for each year the Contract is in effect as listed in Attachment B. The total compensation for services requested in this contract and medical pass through shall not exceed $168,488.32 annually. Additional costs may be incurred with a request by the City for temporary additional services as noted in Attachment B. 13. Length of Contract The term of this agreement is for three years. This Contract and Franchise Agreement can be extended for two separate one year extensions by mutual agreement of both parties. 7 Signature Pages to follow IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written CITY of AZUSA Date:_ ATTEST: APPROVED AS TO FORM: By: By: INTER-CON SECURITY SYSTEMS, INC. Neil Martau Chief Administrative Officer Date: _ 8 EXHIBIT A Scope of Services INTER-CON'S SECURITY COST ESTIMATE for City of Azusa Parking Enforcement April 1st, 2018 - March 31st, 2019 Position Days Shift Daily Regular Hours Daily Overtime Hours Total Daily Hours Days Total Billable Hours Billing Rate Annual Cost Parking Enforcement Officer M - Th 0630 - 1630 8 2 10 208 2,080.00 $ 38.54 $ 80,163.20 Parking Enforcement Officer T - F 0630 - 1630 8 2 10 208 2,080.00 $ 38.54 $ 80,163.20 Sub-total 20 4,160.00 $ 160,326.40 Full Time Employees Medical Premium* Estimated Annual Total** Affordable Care Act Medical Insurance Estimated Costs 2.00 $ 340.08 $ 8,161.92 Estimated Total $ 168,488.32 ASSUMPTIONS: 1 Three (3) total officers trained - two selected for active service and one as reserve force 2 Forty (40) hours of training per officer included 3 Forty (40) hours of Paid Time Off per Full Time officer 4 Twenty-four (24) hours of Sick Leave per Part Time officer 5 Holiday benefit provided for ten (10) holidays, matching City of Azusa's holiday schedule 6 Standard parking enforcement uniform included 7 Two (2) phones issued - one per officer on duty 8 Two (2) vehicles provided, inclusive of all costs including maintenance, fuel, insurance, etc. 9 Medical insurance billed separately as a pass-through cost *Cost of medical premium may change from year to year **Annual total dependent on monthly premium and number of employees who actually enroll 9 EXHIBIT B RATE SCHEDULE Inter-Con will provide two parking enforcement officers scheduled each four days per week, as detailed below, for a total of 80 hours weekly. • Pay Rate: $15.00 per hour • Regular Bill Rate: $38.54 per hour (Hourly Billing Rate is fixed for first three years of contract). *Billing Rates for Option Year Periods are predicated upon negotiated wage increases at that time. Parties agree to negotiate in good faith based on current market conditions and any other wage increase ordinances that are in effect. • Additional Overtime/Temporary Additional Services (TAS) Bill Rate: $57.51 per hour Parking Enforcement Officers with two (2) vehicles included Job Classification Shift Hours Per Day Days per Week Weekly Hours Annual Hours Regular Bill Rate Weekly Cost Annual Cost Parking Enforcement Officer M - Th 10 4 40 2080 $38.54 $1,541.60 $80,163.20 Parking Enforcement Officer T - F 10 4 40 2080 $38.54 $1,541.60 $80,163.20 $3,083.20 $160,326.40 • Affordable Care Act: Inter-Con will provide the option for all Full Time employees to enroll in a Medical Plan that meets the minimum standards for the Affordable Care Act. We propose that the monthly premium for those employees who elect to enroll, be passed through as a direct cost (without markup) to the City of Azusa. The current monthly rate is $340.08 per employee. Affordable Care Act Estimated Costs Job Classification Full Time Employees Medical Premium* Estimated Annual Total** Parking Enforcement Officer 2 $340.08 $8,161.92 *Cost of medical premium may change from year to year **Annual total dependent on monthly premium and number of employees who actually enroll