HomeMy WebLinkAbout2/19/2014 - STAFF REPORTS - 2.G. DENNIS WOODS
2490 N.Janis Drive
Palm Springs,CA 92262 Dennis.L.Woods@gmail.com
February 19, 2014
Palm Springs City Council
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Re: February 19, 2014 City Council agenda item no. 2.G.AWARD A FIVE-
YEAR AGREEMENT FOR PARKING ENFORCEMENT SERVICES TO ACE
PARKING MANAGEMENT, INC.
Dear Mayor and City Council Members;
This letter is a request to have staff reevaluate and provide more complete
information on the costs, benefits,purpose, legality, and goals of a parking
enforcement program before entering into a contract. According to the staff
report, last year the City received revenue of$74, 028 but staff did not
outline the total costs to manage and implement the parking enforcement
program.
If you took the staff report number of$137,077.00 for the proposed new
contract, it would seem the City tax payers are paying$63,049 from the
General fund revenues just for parking services: subtract 137,077 from
$74,028. This dollar amount,however, does not reflect the total costs as the
City entered into a contract on December 4, 2013 with Data Ticket for 5 years
at an estimated annual cost of$13,160. But even if you added $137,077 and
$13,160 for a total annual cost of$150,237 annually you would still not have
the true total costs for this service as it does not include staff administration,
internet support, etc. Using the data from the City's staff reports,the city is
paying well over$76,209 for parking services
You as well as the residents deserve better accounting of the actual costs of
parking enforcement to determine the overall need, benefit and resources to
provide these services and to determine if the services being contracted for
meet City goals and policies are legal, and have a benefit. This analysis is
missing from the staff report.Additionally a 5-year contract is a long contract
to enter into without knowing the actual costs and benefits of entering into
such a long term contract.
I would also request you ask the City Attorney to investigate the legality of
entering into a parking enforcement contract.
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February 19,2014
Page 2 of 3
2.G. AWARD A FIVE-YEAR AGREEMENT FOR PARKING ENFORCEMENT SERVICES
TO ACE PARKING MANAGEMENT, INC.
The City of Palm Springs is a Charter City, seeking to hire private firms
to issue and process parking tickets. California state law prohibits
private agencies to be responsible for law enforcement. In December
22, 2011, California's attorney general, Kamala Harris, issued a
statement on public agencies entering into contract with private
companies for parking enforcement. The state's top attorney reaffirmed
a 2002 court opinion that outlawed the practice for general law cities.
In Opinion 07-804,
"No specific authority,"Harris wrote, "has been given to cities to
have the employees of private companies issue parking
citations."She added, "We conclude that a general law city may
not enter into a contract with a private security company
authorizing the company's employees to issue citations for
Vehicle Code parking violations."
The City of Palm Springs web site does not include any information
about parking enforcement on its web site. Several calls to several
departments revealed that only the Master Bail schedule is on the web.
According to staff, they hope to improve this but there is neither time
line nor what the information will be on the web site except how to
process and pay citations. As I discuss later, this lack of information
can lead someone to believe that the contracted parking enforcement
officers in uniforms are City employees.
It is tricky to have a private firm possibly be perceived as official police
officers as this might lead the public to believe that the parking
enforcement staff is official City employees with City benefits and
credentials when they are not. The contract tries to address this by
requiring the contractor to wear uniforms that are distinctly different
from Police Officers. Sounds great except that the same contract
requires the cars they drive to be labeled "City of Palm Springs Parking
Enforcement". This in itself creates confusion especially for the number
of international visitors to the City.
Section 4.4 of the contract indicates that the contractor is an
independent contractor and that the City has no control over its
officers, employees or agents and yet the paperwork and documents
belong to the City some of which may be confidential in nature As an
independent contractor the City has no control over the handling of this
information as it cannot control or direct employees. They may be
some performance standards in the contract but they are weak in
nature.
The contract before you does not include sexual orientation in its anti-
February 19,2014
Page 3 of 3
2.G. AWARD A FIVE-YEAR AGREEMENT FOR PARKING ENFORCEMENT SERVICES
TO ACE PARKING MANAGEMENT, INC.
discrimination clause which is a complete shock for a City that has a
number of gay councilmember's and a large LGBT population.
The technology that is in the contract and scope of services, chalking,
is well below the current standards and for the money being charged
and the length of the contract should be looked at for future technology
changes to better serve the City.
In conclusion, this contract seems to be business as usual and should
be looked at in more detail to determine the purpose of the service, the
goals of the service, what type of service is needed, the true costs of
the service, the technology of the service, the legality of the service,
etc. Anything less is tossing money at contractors not knowing what
the City wants in the short and long term with such services or f the
services being contracted for are even legal.
Cordially,
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°Q�rFORN�o- CITY COUNCIL STAFF REPORT
DATE: February 19, 2014 CONSENT CALENDAR
SUBJECT: AWARD A FIVE-YEAR AGREEMENT FOR PARKING ENFORCEMENT
SERVICES TO ACE PARKING MANAGEMENT, INC.
FROM: David H. Ready, City Manager
BY: Finance Department
SUMMARY
The City Council will consider awarding a five-year agreement along with two 2-year
options with Ace Parking Management, Inc. for parking enforcement management
services.
RECOMMENDATION:
1. Approve an Agreement with Ace Parking Management Services, Inc. of San
Diego, CA for Downtown Parking Control and Enforcement Services, for a cost of
$137,077.20 per year, inclusive of base costs, required equipment and software,
staffing, and variable expenses, for five years, and 2 two-year options to extend
the agreement.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Parking enforcement is an important tool in the administration of State law and City
Ordinances regarding parking and traffic, along with public safety. The City's parking
enforcement programs are performed by two contracts. The City Council recently
approved a new contract for parking citation processing and collection with Data Ticket,
and City Staff is currently working toward the transition and the upgrade of the parking
enforcement citation equipment.
The second contract is for Downtown parking control and enforcement services. Since
March 2006, the City's Downtown parking enforcement services have been performed
by Standard Parking.
The Procurement Division and Finance Department staff worked closely together to
develop the formal Request for Proposals (RFP) 04-14 to solicit proposals from qualified
firms for parking enforcement services. Five prospective firms registered for the RFP,
ITEM NO.
City Council Staff Report
February 19, 2014 -- Page 2
Parking Enforcement Services
and three firms' submitted proposals by the deadline: Ace Parking Management, Inc.,
Alltech Industries, and Standard Parking-SP Plus (the incumbent firm).
An Evaluation Committee consisting of staff from the Finance and Police Departments,
and the City Clerk/Chief of Staff, evaluated the proposals. In consideration of
qualifications, experience, quality of the proposed new equipment, and cost proposals,
the Evaluation Committee unanimously selected Ace Parking Management, Inc. as the
highest ranked company.
The proposed agreement with Ace Parking maintains the current level of parking control
and enforcement -- Monday through Sunday, Noon to 8:00 P.M.
Additionally, the City owned parking enforcement vehicles currently used are near the
end of their useful lives and are costly to maintain. The proposed new agreement
requires Ace Parking to provide two GEM eS 2-passenger electric parking enforcement
vehicles. It is the contractor's responsibility to service, maintain, and provide insurance
for the vehicles, thereby relieving the City's Fleet Department of the obligation of
maintenance responsibilities and the City from replacing outdated and inefficient parking
enforcement vehicles.
Ace Parking has 63 years of experience in the area of parking enforcement
management services and referenced clients include the cities of San Diego, Chula
Vista, Phoenix, Tucson, the Port of San Diego as well as the San Diego Airport. In
addition, since 2006 Ace Parking has provided parking lot management services and
parking enforcement for the Palm Springs International Airport and has over 30
employees working for them in the area.
FISCAL IMPACT:
The annual contract cost proposal from Ace Parking Management is $137,077.20
(compared to Standard Parking SP-Plus [incumbent) proposed amount of $133,544.08,
and Alltech Industries proposal of$129,208.04).
Parking enforcement revenue was $74,028 last fiscal year (2012/13). Historically, the
City's General Fund has subsidized parking enforcement activities, and has not had an
increase in "fines and penalties" for several years. During budget discussions beginning
next month, Staff will be bringing forward to Council a suggested increase in this area to
cover the City's actual costs.
Sufficient funds for the remainder of the fiscal year are available in Parking Fund
Account Number 131-4461-43200.
02
City Council Staff Report
February 19, 2014 -- Page 3
Parking Enforcement Services
GEOFFR Y S. KIEHL 1ES THOMPSON
Director of Finance / City Treasurer hief of Staff/ City Clerk
DAVID H. READY, City er
Attachment:
Contract Services Agreement
03
CONTRACT SERVICES AGREEMENT
(PARKING ENFORCEMENT SERVICES)
THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on
2014, between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, ("City") and ACE Parking Management, Inc. ("Contractor"). City and Contractor are individually
referred to as"Party"and are collectively referred to as the"Parties".
RECITALS
A. City has determined that there is a need for Parking Enforcement Services("Project").
B. Contractor has submitted to City a proposal to provide Parking Enforcement Services to City for
the Project under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education,reputation, and expertise to
provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such Contract services.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as
follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this Agreement,
Contractor agrees to perform the Contract services set forth in the Scope of Services described in Exhibit "A" (the
"Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and
Contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light
of such status and experience, Contractor covenants that it shall follow the highest Contract standards in performing
the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest Contract
standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced
Contracts performing similar work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1)this
Agreement; (2)the Scope of Services;(3)the City's Request for Proposals;and,(4)the Contractor's signed, original
proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents").
The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C",
respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall
include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the
Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority: (1")the provisions of the Scope of
Services(Exhibit "A"); (2nd)the provisions of the City's Request for Proposal(Exhibit "B"); (3`d) the terms of this
Agreement;and, (4th)the provisions of the Contractor's Proposal (Exhibit"C").
1.3 Comaliance with Law. Contractor warrants that all Services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and
regulations.
7206691 0 4
1.4 Licenses,Permits. Fees.and Assessments. Contractor represents and warrants to City that it has
obtained all licenses,permits, qualifications, and approvals of whatever nature that are legally required to practice its
profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to
City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement,
any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and
Services under this Agreement. Contractor shall have the sole obligation to pay for any fees,assessments, and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the
Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend,
and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a)
has thoroughly investigated and considered the Scope of Services to be performed, (b)has carefully considered how
the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants
that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,
prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will
materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and
shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to
furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or
other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or
property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own
negligence.
1.7 Further Resnonsibilities of Parties. Parties agree to use reasonable care and diligence to
perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all
instruments,prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of
this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services,
without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make
changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a
written order is first given by the City to the Contractor, incorporating any adjustment in(i)the Maximum Contract
Amount, as defined below, and/or(ii)the time to perform this Agreement. Any adjustments must also be approved
in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum
Contract Amount or$25,000, whichever is less,or in the time to perform of up to thirty(30)days, may be approved
by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases,
occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall
be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and
incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One
Hundred Thirty Seven Thousand Seventy Eight Dollars per year, ($137,078) ("Maximum Contract Amount"),
except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D."
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses
must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such
expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the
attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be
entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk
that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor
720669.1 U
that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be
applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation
under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached
before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City
shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of
Compensation(Exhibit"D"), in any month in which Contractor wishes to receive payment, Contractor shall submit
to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved
by the City's Finance Director and must be submitted no later than the tenth(10) working day of such month. Such
requests shall be based upon the amount and value of the services performed by Contractor and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period
covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to
Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall
be a maximum of one payment per month.
2.3 Chanees in Scope. In the event any change or changes in the Scope of Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including,
but not limited to,any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when
required by the enactment or revision of any subsequent law;or
B. To provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by
the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this
Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for
completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor
shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule
of Performance(Exhibit"E"),incorporated by reference.
3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon
receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the
Schedule of Performance. When requested by Contractor, extensions to the time period(s)specified in the Schedule
of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one
hundred eighty(180)days cumulatively;however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of
the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of the Contractor(financial inability excepted) if Contractor,
within ten(10)days of the commencement of such delay,notifies the Contract Officer in writing of the causes of the
delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or
acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of
delay, and extend the time for performing the Services for the period of the enforced delay when and if in the
judgment of the City Manager such delay is justified. The City Manager's determination shall be final and
conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractors sole remedy being
extension of the Agreement under this section.
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720669.1
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the
effective date of this Agreement and continue in full force and effect until completion of the Services. However, the
term shall not exceed five (5) years, from the commencement date, with two (2) two (2) year optional renewals
except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must
be through mutual written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor thirty(30) days written notice.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and
general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice,
City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice,
Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by
written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the
City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the
City an invoice for work and services performed prior to the date of termination. Contractor may terminate this
Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is
due to material default by the City,the period of notice may be such shorter time as the Contractor may determine.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the
principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the
Services to be performed under this Agreement: Steve Burton, President. It is expressly understood that the
experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the
term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise
the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written
approval of the Contract Officer,
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract
Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the
performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified,any approval of City shall mean the approval of the Contract Officer,
4.3 Prohibition Aeafnst Subcontracting or Assignments. The experience, knowledge, capability,
expertise,and reputation of Contractor,its principals and employees,were a substantial inducement for City to enter
into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any
monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not
contract with any other entity to perform the Services required under this Agreement without the prior written
consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will
deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in
this Agreement may be transferred, assigned,conveyed,hypothecated,or encumbered voluntarily or by operation of
law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted
in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any
liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent
contractor,and nothing shall be deemed to make Contractor a City employee.
U7
720669.1
A. During the performance of this Agreement, Contractor and its officers, employees, and
agents shall act in an independent capacity and shall not act or represent themselves as City officers oremployees.
The personnel performing the Services under this
P P g s Agreement on behalf of Contractor shall at all times be under
Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this
Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of
Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of
service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to
social security income tax withholding, unemployment compensation, workers' compensation, and other similar
matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or
otherwise a joint venturer or a member of anyjoint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the
power to incur any debt,obligation,or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in
connection with any performance under this Agreement. Except for Contract fees paid to Contractor as provided for
in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of
Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its
officers,employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court
or governmental agency determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers,
employees, servants,representatives, subcontractors,or agents,Contractor shall indemnify City for all such financial
obligations.
5. INSURANCE
5.1 T_yaes of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the
insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions,
unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to
City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under
this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager
determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of
loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any
insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized
below for Contract liability(errors and omissions) insurance, all insurance provided under this Agreement shall be
on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and
effect throughout the term of this Agreement, standard industry form Contract liability (errors and omissions)
insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two-million
dollars($2,000,000.00)annual aggregate,in accordance with the provisions of this section.
(1) Contractor shall either:(a) certify in writing to the City that Contractor is unaware of
any Contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim
against Contractor;or(b) if Contractor does not provide the certification under(a), Contractor shall procure from the
Contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to
claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be
continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years
from the date of the completion of the Services provided hereunder. In the event of termination of the policy during
this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor
r
720669.7
U �
during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the
present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be
subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy
shall be continued in full force and effect during the term of this Agreement, or until completion of the Services
provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services
under the terms of this Agreement.
B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum
statutory amounts, and in compliance with all other statutory requirements, as required by the State of California.
Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation
rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if
any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees,
Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement,a policy of commercial general liability insurance written on
a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million
dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual
liability,personal injury, independent contractors,broad form property damage,products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per
occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and
property damage. The policy shall include coverage for owned,non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence
basis with a policy limit of at least one million dollars($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City Manager or his/her designee prior to commencing any work or services under
this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the
right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee
may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims
for all deductible amounts and self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies
required of Contractor under this Agreement:
5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary
insurance with respect to the City and its officers, council members,officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its
officers, council members,officials, employees, agents, and volunteers shall be in excess
of Contractor's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,council
members,officials,employees,agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
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720669.1
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 No required insurance coverages may include any limiting endorsement which
substantially impairs the coverages set forth in this Agreement (e.g., elimination of
contractual liability or reduction of discovery period), unless the endorsement has first
been submitted to the City Manager and approved in writing.
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the endorsements. Certificates of
insurance will not be accepted in lieu of required endorsements, and submittal of
certificates without required endorsements may delay commencement of the Project. It is
Contractor's obligation to ensure timely compliance with all insurance submittal
requirements as provided in this Agreement.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the
Project who are brought onto or involved in the Project by Contractor, provide the same
minimum insurance coverage required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with subcontractors and others engaged in the Project will be
submitted to the City for review.
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Contractor of non-compliance with any insurance requirement in no way
imposes any additional obligations on the City nor does it waive any rights in this or any
other regard.
5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement,
expiring during the term of this Agreement, have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. Endorsements as required in this Agreement
applicable to the renewing or new coverage shall be provided to City no later than ten
(10)days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements, or as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impair the
provisions of this section.
5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right(but
not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City,or to reduce or dilute insurance available for payment of potential claims.
5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in
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any way the extent to which the Contractor may be held responsible for the payment of
damages resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State
of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in
writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coveraee. Contractor shall furnish City with both certificates of insurance and
endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement.
The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf, All proof of insurance is to be received and approved by the City before work commences. City reserves the
right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation
policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability
Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage
with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"
may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the City
may have..." ("as respects City of Palm Springs Contract Na" or'for any and all work performed with the City"
may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date thereof, the
issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,"endeavor to"
mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's
waiver of subrogation in favor of City,its elected officials,officers, employees,agents,and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the
policies. All certificates of insurance and endorsements are to be received and approved by the City before work
commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether
that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
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6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor
shall defend(at Contractor's sole cost and expense),indemnify,protect, and hold harmless City, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all
liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including
but not limited to Claims arising from injuries to or death of persons(Contractor's employees included),for damage
to property, including property owned by City, from any violation of any federal, state, or local law or ordinance,
and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that
arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes
Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees,
agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this
Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement.
Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all
actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable
statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the
benefit of third party Indemnified Parties not otherwise a party to this Agreement.
6.2 Desien Contract Services Indemnification and Reimbursement. If the Agreement is
determined to be a "design Contract services agreement" and Contractor is a "design Contract" under California
Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at
Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees,
agents and volunteers and all other public agencies whose approval of the project is required, (individually
"Indemnified Party";collectively"Indemnified Parties")against any and all liabilities,claims,judgments,arbitration
awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to
Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which
Claims arise out of,pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its
agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or
failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but
Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence,
recklessness or willful misconduct of the City and its elected officials,officers,employees,agents and volunteers.
B. The Contractor shall require all non-design-Contract sub-contractors, used or sub-
contracted by Contractor to perform the Services or Work required under this Agreement, to execute an
Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties.
In addition, Contractor shall require all non-design-Contract sub-contractors, used or sub-contracted by Contractor
to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract
Officer.
7. REPORTS AND RECORDS
7.1 Accountine Records. Contractor shall keep complete,accurate,and detailed accounts of all time,
costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and
records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract
Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit, and make records and
transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed
under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer
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the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor
is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Contractor, its employees,
subcontractors,and agents in the performance of this Agreement shall be the property of City and shall be promptly
delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by City of its full rights
of ownership of the documents and materials. Any use of such completed documents for other projects and/or use
of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and
without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor
may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the
concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for
assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such
assignment,Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other
materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly
without the prior written approval of Contract Officer. All information gained by Contractor in the performance
of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior
written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular
business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books,
records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all
accounting books, records, work data, documents, and activities directly related to Contractor's performance under
this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally
accepted accounting principles and shall clearly identify and make such items readily accessible to such parties
during the term of this Agreement and for a period of three (3) years from the date of final payment by City
hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to
validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual
and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting
party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to
limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall
constitute a default.
A. if the City Manager, or his designee, determines that Contractor is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such
default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by
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720669.1
rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City
shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this
Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.
Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in
the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement
without cause under Section 3.5.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the
same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the Maximum Contract Amount(provided that the City shall
use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the
purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure
to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided
in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any
waiver by the Parties of any default or breach of any covenant,condition, or term contained in this Agreement, shall
not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to
require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from
enforcing the full provisions.
8.5 Riahts and Remedies Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement,the rights and remedies of the Parties are cumulative and the exercise by
either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times,of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in
law or in equity,to cure,correct,remedy or recover damages for any default, to compel specific performance of this
Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of
this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other
relief as may be granted,to recover from the non-prevailing Party all reasonable costs and expenses. These include
but are not limited to reasonable attorney fees, expert Contractor fees, court costs and all fees, costs, and expenses
incurred in any appeal or in collection of anyjudgment entered in such proceeding. To the extent authorized by law,
in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30)
days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or
proceeding.
1. S
720669A
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be
personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or
for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the
terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial
interest in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects their financial interest or the financial interest of any corporation, partnership, or
association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation.
Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or
other consideration in exchange for obtaining this Agreement.
9.3 Covenant Aeainst Discrimination. In connection with its performance under this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,
sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to their race,religion, color, sex, age, marital status,
ancestry,or national origin. Such actions shall include,but not be limited to,the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copvrieht Infringement. To the fullest extent permissible under law, and in lieu of
any other warranty by City or Contractor against patent or copyright infringement,statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit against City on
account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the
performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor
shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly
notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for
the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim
results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the
infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in
combination with other material not provided by Contractor when it is such use in combination which infringes upon
an existing U.S. letters patent or copyright.
B. Contractor shall have sole control of the defense of any such claim or suit and all
negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim,provided,however,
that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any
settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of
such item is enjoined as a result of the suit or claim,Contractor, at no expense to City, shall obtain for City the right
to use and sell the item,or shall substitute an equivalent item acceptable to City and extend this patent and copyright
indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party
desires, or is required to give to the other party or any other person shall be in writing. All notices shall be
personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return
receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices
shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of
posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request,
demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by
letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant
i
720669.1
messages are not acceptable manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To Citv: City of Palm Springs
Attention: City Manager&City Clerk
3200 E.Tahquitz Canyon Way
Palm springs,California 92262
Telephone: (760)323-8204
Facsimile: (760)323-8332
To Contractor: ACE Parking Management,Inc.
645 Ash Street
San Diego,CA 92101
Attention: Steve Burton
Telephone: 619-233-6624
Facsimile: 619-233-0741
10.3 Inteerated Aereement. This Agreement constitutes the entire agreement between the Parties and
supersedes all prior negotiations,arrangements,agreements, representations,and understandings,if any, made by or
among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to
be invalid by a final judgment or decree of a court of competent jurisdiction,such provision shall be ineffective only
to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the
basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the
Parties'successors and assignees.
10.6 Third Party Beneficlary. Except as may be expressly provided for in this Agreement, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights,
including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a
party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though
fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of
this Agreement,by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for
which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to
execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this
Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and(iv)
the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which
he or she is signing is bound.
1 /
720669.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C.Holland, James Thompson,
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The
second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer.
CONTRACTOR NAME:
ACE Parking Management Inc. Check one_Individual_Partnership_Corporntion
645 Ash Street
San Diego, CA 92101Aadress
By By
Signature(Notarized) Signature(Notarized)
-17
720669.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Caiifomia l
County of fIS
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personally appeared
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who proved to me on the basis of satisfactory avklenos to
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within instrument and acknowledged to me that
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capaciy(ies),and that by ttiatherflheir sigrtatule(s)on the
Instrument the person(s), or the entity upon behalf of
which the persm(s)ecaed,executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Calfforrda that the foregoing paragraph is
true and correcL
WITNESS my hand and official seal.
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Description of Attached DocUmerd
Title orrypeof Document:
Document Date: Number of Pages
Signar(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signets Name: Signets Name:
O Individual Cl InaMdual
7 Corporate Officer—Td s(sy ❑Corporate Officer—Mats):
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720669.1
EXHIBIT"A"
SCOPE OF SERVICES
Generally, the scope of work consists of, but is not limited to, the enforcement of the City's
downtown and uptown on-street parking and parking lot am as more fully described below. It is
important to note that the services do NOT include the Parking Citation Processing and
Collecting services, as the City shall contract separately for those services.
Please note that sub-contracting is NOT permitted under this contract.
The City is contemplating a contract with an initial five (5) year term, with the option for the City
to renew for up to two (2) additional terms of two (2) years each. Any renewal is at the sole
discretion of the City Manager.
Contractor's Responsibilities: Enforce the City's downtown, on-street and parking lot parking
program. Please note that this program may be modified at the discretion of the City Manager or
the City Manager's designee at any time.
Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89
hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work
9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work thel 1:30 a.m. until 8:30 p.m. shifts
Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.
Monday through Friday or as needed (25 hours), for a total of 89 hours. These hours and
schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be
given a meal break of one (1) hour.
Contractor shall provide personnel who are of good health and are able to tolerate extreme
summer temperatures. Health requirements must be substantiated by providing a health
certificate that includes a medical exam and an eye exam provided by a Licensed Medical
Doctor in the State of California.
Parking Enforcement Regular Duty:
Contractor shall enforce all parking related ordinances, statutes, and codes as required and
where required by the City Manager or the City Manager's designee. Typical violations enforced
include but are not limited to:
• All legally designated handicapped parking areas, on and off street
• All "time-restricted" on-street parking
• All "No Parking Anytime' areas
Vehicles parked on sidewalks
• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or
crosswalks
Vehicles parked facing the wrong way
• Green, yellow, white, and red zone restricted parking
• Improper parking
Additional Duties:
1.
• Enforcement during City sponsored and community events
• Respond to resident's complaints and report any unlawful act or any condition or
deficiency which may pose a hazard or danger to the general public
• Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts
• Participate in any hearing process or subsequent process involving a contested or
challenged parking citation or incidents involving assigned officers
• Monthly summary of activities showing total work hours, time sheets, patrol and non-
patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday
12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.
Please note that these hours and schedule may be modified by the City Manager or the City
Manager's designee at any time with written notice to Contractor.
Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan
developed and approved by the City's Contract Administrator. This patrol plan includes, but is
not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown
parking structure, and one (1)time-limit parking lot. On occasion the City is requested to have a
PCO patrol privately owned shopping center parking lots for recurring violations on an as-
needed basis. These requests will require modification to the daily patrol plan and will be
determined by the Contract Administrator. The patrol plan/route and list of private parking lots
is included herein for reference (see below).
Chalk and patrol times will be logged in a Daily Activity Report (DAR) and turned in at the end of
each work day to the Contract Administrator (sample included herein, see below). The City
reserves the right to require modification of the patrol plan from time to time as appropriate.
Onsite Supervisor: Contractor shall provide an Onsite Supervisor for day-to-day operations
and who will also act as a PCO. Supervisor will provide reports as needed, respond to
complaints, training needs, will track working hours, and supervise the contract personnel. Any
disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite
Supervisor shall meet with the Contract Administrator or designee weekly to discuss any
complaints or violations of the Performance Standards that may be reported by the public or
observed by the City.
Complaints to the City regarding contract employees: Contractor's assigned Onsite
Supervisor shall investigate and report any complaints regarding their employees received from
the public or the City within 24 hours of the report. The City shall reserve the right to contact the
reporting party and Contractor employee as needed to resolve the complaint to the City's
satisfaction, with the understanding that unprofessional or discourteous treatment of the public
will not be tolerated.
City's Rights: City reserves the right to establish, modify, add or delete enforcement areas,
routes, and hours of enforcement. City further reserves the right to approve or deny
Contractor's personnel. The City retains the right to review and direct modification of any
Contract employee training program. The City's rights under this provision may be exercised by
the City Manager or the City Manager's designee.
20
PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED
BY CONTRACTOR:
Parking Enforcement Uniforms:
• All personnel shall wear uniforms while on duty.
• Contractor shall be responsible for providing personnel with proper, complete, and
acceptable uniforms.
• Uniform shall include a name badge or tag. Uniforms and identifying badges shall be
distinct enough from those used by Peace Officers or other sworn personnel so that the
general public will not mistake parking enforcement personnel for Peace Officers.
• Contractor shall not issue any uniform or identifying badge without the prior written
approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved
uniform.
• Contractor shall provide uniforms for each contract employee at no expense to the
employee, except in cases of negligence or abuse of the uniform by the contract
employee.
• Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseball—style hat.
Equipment and Supplies:
Contractor must provide all necessary equipment and supplies for the purpose of parking
enforcement services, including safety equipment (reflective vests), chalk, chalking sticks, tape-
measures, flashlights and batteries.
Vehicles:
Contractor shall provide a minimum of two (2) of the GEM eS 2-passenger Electric Parking
enforcement vehicles with a short back bed, white in color, with markings identifying them as
"City of Palm Springs, Parking Enforcement" with flashing light bar and reflective stickers
indicating a "slow moving" vehicle. Vehicle logo design must be approved by the City. Vehicles
must have a locked or secured storage compartment area for supplies. Vehicles are to be used
exclusively for parking enforcement services only as required by this contract and are not to be
used for any other purpose, including the personal business by any employee, supervisor or
principal, or for any other business activity of the Contractor. Vehicles must be maintained by
the Contractor, and kept in good, safe operating condition and in a professional appearance by
the Contractor.
Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.
Vehicles that are damaged or disabled while in service for the City of Palm Springs shall be
replaced with an operable vehicle within four (4) hours. Replacement or repair of damages will
be the responsibility of the Contractor.
Contractor shall be responsible for parking and securing all patrol vehicles at the City Yard
Facility, located at 425 South Civic Drive in Palm Springs, when not in use. The Contractor
shall be financially responsible for damaged, lost or stolen equipment provided by the City
(including radio equipment, emergency equipment, etc.). The Contractor shall prepare and
maintain a complete, detailed, accurate, and current inventory of all equipment and supplies
provided by the City for use by the Contractor.
PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:
21
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed
below:
Operations Methodology: The City strongly believes in customer service, and expects
Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional
manner at all times. Enforcement action is to be carried out in a uniform and fair manner.
Contractor shall not directly or indirectly give any preferential treatment to any person or entity in
the performance of their enforcement duties.
Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action
(i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or
vehicles creating unsafe conditions, record date and time of the patrol, etc.).
Voided Parking Citations: Any citation deemed inappropriate during or immediately following
issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation,
provided the PCO issues a corrected citation. If the PCO determines that the parking citation
should be voided due to an error on the PCO's part and a corrected citation will not be issued,
the PCO shall document and record this action. Voided parking citations will be recorded and
monitored via the citation database. Citation Processing Services are NOT part of the scope of
work for this contract, as the City shall contract for those services separately.
Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and
issue appropriate citations as necessary during their shifts. A PCO must account for all time
and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All
PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty
minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City
Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies
for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).
DOWNTOWN P.C.O. PATROL ROUTE PLAN:
BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road,
make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo.
(Log time)
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto
Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.
BEGIN CHALKING on East side of S Indian Canyon (E) heading north to Avenida Grand Via
Valmonte
(Log time)
(not chalking*) Turn left onto Avenida Grand Via Valmonte , go to N Palm Canyon and turn right.
BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola
(Log time)
Turn left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and
continue chalking Via Lola heading east back to N Palm Canyon.
L4
(Log time)
Turn right onto North Palm Canyon Dr.
BEGIN CHALKING on the West side of N Palm Canyon (W) heading south to Alejo.
(Log time)
Turn right onto Alejo
BEGIN CHALKING on Alejo Road heading west. Enter and Patrol the City of Palms Springs
Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Rd.
Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm
Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane
BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd
(Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian
Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo
Road
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo
Road and exit the structure where you came in on Baristo and turn right.
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking
Baristo back to Indian Canyon Way.
(Log time)
Turn left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd.
(Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue
chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr.
behind "LuLu's" restaurant
(Log time)
23
Exit the parking lot and turn left onto Indian Canyon Way
BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road,
then turn left and enter and Patrol the "Henry Frank" parking lot.
(Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd.
(Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo make a U-t mcontinuing to chalk
Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again
onto Palm Canyon Dr., move to the right lane.
BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd
(Log time)
(not chalking*) Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right
again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and
Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard".
(Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right
and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.
BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot
(Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a
quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project'
Free Unlimited Parking Lot and ap trol. (this lot is currently surrounded by major construction)
(Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and
continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd
intersection and past the Amado Center, then turn right into the City of Palm Springs Free
Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit
the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to
Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then
turn right on Tachevah Dr. and then turn left on Miraleste.
BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr.
Z4`
(Log time)
This concludes your route.
The PCO will at this point look at his or her watch to determine if three (3) hours have passed.
If not, the PCO may review the route for other parking violations such as color zones or
handicapped violations, etc. If three hours have passed since starting the first chalking rotation,
then the PCO returns to the beginning of the patrol route and observes if any of the vehicles
parked are in violation by the chalk mark put on the tire and writes a citation. Once completing
all citations for the route, the PCO then goes back to the beginning of the route and starts the
chalking / patrol again. This cycle is typically repeated three times per day.
Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on
Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).
L �
DAILY ACTIVITY REPORT
Date: Start Time: End Time:
Beginning Mileage: Ending Mileage: Gallons:
CHALK/PATROL TIMES: Chalk times = Streets & Patrol times = Parking Lots
lm Time 2Id Time 3 d Time
Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn(W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn(W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot(chalk*)
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots* n/a n/a
Ur
(`The south (front) and east lots are patrolled once per day on Friday, Saturday, and Sunday only)
Shopping Center Parking Lots:
Privately owned shopping center packing lots that may be patrolled on an as-needed basis by request only.
Walmart Shopping Center(Ramon Road at Crossley)
Gene Autry Plaza (Ramon Road at Gene Autry, south side)
The Springs Shopping Center(Ramon Road at Gene Autry, north side)
Regal Theaters (Alvarado at Tahquitz Canyon Way)
Steinmart (S. Palm Canyon at Morongo Road)
Smoke Tree Commons (E. Palm Canyon at Barone)
Smoke Tree Plaza (Palm Canyon at Sunrise Way)
Fresh-N- Easy(Sunrise Way at Tahquitz Canyon Way)
Desert Regional Medical Center(Indian Canyon Dr. at Paseo El Mirador)
0 �
EXHIBIT"B"
CITY'S REQUEST FOR PROPOSALS
L.
CITY OF PALM SPRINGS, CA
NOTICE INVITING PROPOSALS FOR RFP #04-14
PARKING ENFORCEMENT SERVICES
NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from highly
motivated and qualified firms to provide the City with parking enforcement services under a
multi-year contract.
PROJECT LOCATION: Primarily the downtown and uptown districts of the City of Palm
Springs, CA.
SCOPE OF SERVICES: The scope of work will consist of enforcing the City's downtown, on-
street and parking lot parking program.
OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded
via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids &
Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8373. Upon
downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist 1, via email
at Cheryl.Martin@paImspringsca.gov to register as a firm interested in this project. Failure to
register may result in not receiving addenda to the RFP.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been
developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that
multiple factors as identified in the RFP will be considered by the Evaluation Committee to
determine which proposal best meets the requirements set forth in the RFP document. PRICE
ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to
negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be
made by the Palm Springs City Council. The selected firm will be required to comply with all
insurance and license requirements of the City.
DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200
E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME,
WEDNESDAY, SEPTEMBER 4, 2013. The receiving time in the Procurement Office will be the
governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be
accepted. Reference the RFP document for additional dates and deadlines. Late proposals
will not be accepted and shall be returned unopened.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
Craig L. Gladders, C.P.M.
Procurement and Contracting Manager
July 31, 2013
n9
OF PA[A4 S,o
V P
�q[lf:J�N\P
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #04-14
PARKING ENFORCEMENT SERVICES
Requests for Proposals (RFP #04-14), for parking enforcement services for the City of Palm
Springs, CA, (hereinafter the "RFP")will be received at the Office of Procurement & Contracting,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME,
WEDNESDAY, SEPTEMBER 4, 2013, It is the responsibility of the respondent to see that any
proposal sent through the mail, or by any other delivery method, shall have sufficient time to be
received by this specified date and time. The receiving time in the Procurement Office will be
the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed
proposals will not be accepted. Late proposals will be returned unopened. Failure to register
as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for
Proposals (under "Obtaining RFP Documents') may result in not receiving Addenda or other
important information pertaining to this process. Failure to acknowledge Addenda may render a
proposal as being non-responsive. We strongly advise that interested firms officially register
per the instructions.
1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from
qualified firms to provide the City with enforcing the City's downtown, on-street and parking lot
parking program, as more fully set-forth in the Scope of Services contained herein.
SCHEDULE:
Notice requesting Proposals posted and issued ......................................................July 31, 2013
Deadline for receipt of Questions..............................Thursday, August 22, 2013, 12:00 P.M.
Deadline for receipt of Proposals........................Wednesday, September 4, 2013, 3:00 P.M.
Short List/ Interviews/, *if desired by City ......................................................... to be determined
Contract awarded by City Council..................................................................... to be determined
NOTE. There will NOT be a pre-proposal conference for this procurement *Dates above
are subject to change.
"KEY" TO RFP ATTACHMENTS:
ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment.
*Must be completed and included with Technical Proposal envelope.
ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and included
with Technical Proposal envelope.
ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a
separately sealed envelope —do NOT include this with your Technical Proposal.
ATTACHMENT "D" — Sample boilerplate Contract Services Agreement (for reference
only)
30
2. BACKGROUND: The City of Palm Springs, CA is located in the Coachella Valley in the
Southern California desert approximately 120 miles east of Los Angeles. With a year round
population of approximately 45,000 residents, the City is a popular resort destination during the
winter and spring months, filling our local hotels and businesses with visitors from all over the
world. The City has a core downtown and uptown shopping and entertainment district which
requires the enforcement of the on-street and parking lot parking program by a qualified parking
enforcement company. The City does not utilize City Police Patrol officers to enforce the
parking program.
The firm awarded the contract and all of its personnel will have demonstrated an exceptional
familiarity with parking enforcement statutes, laws, ordinances, policies, parking program
technologies, as well as citation, towing and hearing procedures. As tourism is the driving force
of the Palm Springs economy, the selected firm and all of its personnel, must have a
Y
documented and superior understanding of public relations, customer service practices and
conflict mitigation techniques. The City requires enforcement services be provided in a
courteous, professional manner that facilitates positive relationships with the City's residential
and business communities and with the many visitors that come to enjoy the City of Palm
Springs.
3. SCOPE OF SERVICES:
Generally, the scope of work consists of, but is not limited to, the enforcement of the City's
downtown and uptown on-street parking and parking lot am as more fully described below. It is
important to note that the services do NOT include the Parking Citation Processing and
Collecting services, as the City shall contract separately for those services.
Please note that sub-contracting is NOT permitted under this contract.
The City is contemplating a contract with an initial five (5) year term, with the option for the City
to renew for up to two (2) additional terms of two (2) years each. Any renewal is at the sole
discretion of the City Manager.
Contractor's Responsibilities: Enforce the City's downtown, on-street and parking lot parking
program. Please note that this program may be modified at the discretion of the City Manager or
the City Manager's designee at any time.
Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89
hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work
9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work thel 1:30 a.m. until 8:30 p.m. shifts
Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.
Monday through Friday or as needed (25 hours), for a total of 89 hours. These hours and
schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be
given a meal break of one (1) hour.
Contractor shall provide personnel who are of good health and are able to tolerate extreme
summer temperatures. Health requirements must be substantiated by providing a health
certificate that includes a medical exam and an eye exam provided by a Licensed Medical
Doctor in the State of California.
Parking Enforcement Regular Duty:
31
Contractor shall enforce all parking related ordinances, statutes, and codes as required and
where required by the City Manager or the City Manager's designee. Typical violations enforced
include but are not limited to:
• All legally designated handicapped parking areas, on and off street
• All "time-restricted" on-street parking
• All "No Parking Anytime" areas
• Vehicles parked on sidewalks
• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or
crosswalks
• Vehicles parked facing the wrong way
• Green, yellow, white, and red zone restricted parking
• Improper parking
Additional Duties:
• Enforcement during City sponsored and community events
• Respond to resident's complaints and report any unlawful act or any condition or
deficiency which may pose a hazard or danger to the general public
• Report parking issues, vandalism, graffiti, sign and curb marking deficiencies or conflicts
• Participate in any hearing process or subsequent process involving a contested or
challenged parking citation or incidents involving assigned officers
• Monthly summary of activities showing total work hours, time sheets, patrol and non-
patrol (time spent at hearings, training etc.)
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday
12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.
Please note that these hours and schedule may be modified by the City Manager or the City
Manager's designee at any time with written notice to Contractor.
Patrol Routes: Contractor's PCOs shall patrol areas in accordance with the patrol plan
developed and approved by the City's Contract Administrator. This patrol plan includes, but is
not limited to, the established street route, all Palm Springs "Free Parking" lots and downtown
parking structure, and one (1) time-limit parking lot. On occasion the City is requested to have a
PCO patrol privately owned shopping center parking lots for recurring violations on an as-
needed basis. These requests will require modification to the daily patrol plan and will be
determined by the Contract Administrator. The patrol plan/route and list of private parking lots
is included herein for reference (see below).
Chalk and patrol times will be logged in a Daily Activity Report (DAR) and turned in at the end of
each work day to the Contract Administrator (sample included herein, see below). The City
reserves the right to require modification of the patrol plan from time to time as appropriate.
Onsite Supervisor: Contractor shall provide an Onsite Supervisor for day-to-day operations
and who will also act as a PCO. Supervisor will provide reports as needed, respond to
complaints, training needs, will track working hours, and supervise the contract personnel. Any
disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite
Supervisor shall meet with the Contract Administrator or designee weekly to discuss any
32
complaints or violations of the Performance Standards that may be reported by the public or
observed by the City.
Complaints to the City regarding contract employees: Contractor's assigned Onsite
Supervisor shall investigate and report any complaints regarding their employees received from
the public or the City within 24 hours of the report. The City shall reserve the right to contact the
reporting party and Contractor employee as needed to resolve the complaint to the City's
satisfaction, with the understanding that unprofessional or discourteous treatment of the public
will not be tolerated.
City's Rights: City reserves the right to establish, modify, add or delete enforcement areas,
routes, and hours of enforcement. City further reserves the right to approve or deny
Contractor's personnel. The City retains the right to review and direct modification of any
Contract employee training program. The City's rights under this provision may be exercised by
the City Manager or the City Manager's designee.
PARKING ENFORCEMENT EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED
BY CONTRACTOR:
Parking Enforcement Uniforms:
• All personnel shall wear uniforms while on duty.
• Contractor shall be responsible for providing personnel with proper, complete, and
acceptable uniforms.
• Uniform shall include a name badge or tag. Uniforms and identifying badges shall be
distinct enough from those used by Peace Officers or other sworn personnel so that the
general public will not mistake parking enforcement personnel for Peace Officers.
• Contractor shall not issue any uniform or identifying badge without the prior written
approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved
uniform.
• Contractor shall provide uniforms for each contract employee at no expense to the
employee, except in cases of negligence or abuse of the uniform by the contract
employee.
• Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseball—style hat.
Equipment and Supplies:
Contractor must provide all necessary equipment and supplies for the purpose of parking
enforcement services, including safety equipment (reflective vests), chalk, chalking sticks, tape-
measures, flashlights and batteries.
Vehicles:
Contractor shall provide a minimum of two (2) alternative fuel parking enforcement vehicles,
white in color, with markings identifying them as "City of Palm Springs, Parking Enforcement"
with flashing light bar and reflective stickers indicating a "slow moving" vehicle. Vehicle logo
design must be approved by the City. Vehicles must have a locked or secured storage
compartment area for supplies. Vehicles are to be used exclusively for parking enforcement
services only as required by this contract and are not to be used for any other purpose,
including the personal business by any employee, supervisor or principal, or for any other
� 3 J
business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in
good, safe operating condition and in a professional appearance by the Contractor.
Contractor shall bear all expenses associated with vehicle repair, maintenance and insurance.
Vehicles that are damaged or disabled while in service for the City of Palm Springs shall be
replaced with an operable vehicle within four (4) hours. Replacement or repair of damages will
be the responsibility of the Contractor.
Contractor shall be responsible for parking and securing all patrol vehicles at the City Yard
Facility, located at 425 South Civic Drive in Palm Springs, when not in use. The Contractor
shall be financially responsible for damaged, lost or stolen equipment provided by the City
(including radio equipment, emergency equipment, etc.). The Contractor shall prepare and
maintain a complete, detailed, accurate, and current inventory of all equipment and supplies
provided by the City for use by the Contractor.
PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed
below:
Operations Methodology: The City strongly believes in customer service, and expects
Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional
manner at all times. Enforcement action is to be carried out in a uniform and fair manner.
Contractor shall not directly or indirectly give any preferential treatment to any person or entity in
the performance of their enforcement duties.
Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action
(i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or
vehicles creating unsafe conditions, record date and time of the patrol, etc.).
Voided Parking Citations: Any citation deemed inappropriate during or immediately following
issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation,
provided the PCO issues a corrected citation. If the PCO determines that the parking citation
should be voided due to an error on the PCO's part and a corrected citation will not be issued,
the PCO shall document and record this action. Voided parking citations will be recorded and
monitored via the citation database. Citation Processing Services are NOT part of the scope of
work for this contract, as the City shall contract for those services separately.
Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and
issue appropriate citations as necessary during their shifts. A PCO must account for all time
and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All
PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty
minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City
Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies
for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).
DOWNTOWN P.C.O. PATROL ROUTE PLAN:
BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road,
make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo.
(Log time)
JQ
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto
Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.
BEGIN CHALKING on East side of S Indian Canyon (E) heading north to Avenida Grand Via
Valmonte
(Log time)
(not chalking*) Turn left onto Avenida Grand Via Valmonte , go to N Palm Canyon and turn right.
BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola
(Log time)
Turn left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and
continue chalking Via Lola heading east back to N Palm Canyon.
(Log time)
Turn right onto North Palm Canyon Dr.
BEGIN CHALKING on the West side of N Palm Canyon (W) heading south to Alejo.
(Log time)
Turn right onto Alejo
BEGIN CHALKING on Alejo Road heading west. Enter and Patrol the City of Palms Springs
Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Rd.
Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm
Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane
BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd
(Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian
Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo
Road
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo
Road and exit the structure where you came in on Baristo and turn right.
n
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking
Baristo back to Indian Canyon Way.
(Log time)
Turn left onto Indian Canyon Way
BEGIN CHALKING on the left side of 5 Indian Canyon Way (W) heading north to Arenas Rd.
(Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue
chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr.
behind "LuLu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way
BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road,
then turn left and enter and Patrol the "Henry Frank" parking lot.
(Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd.
(Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk
Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again
onto Palm Canyon Dr., move to the right lane.
BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd
(Log time)
(not chalking") Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right
again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and
Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard".
(Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right
and enter the "Mercado Shopping Center' 3-Hour Time Limit Parking Lot.
BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot
� 6 li
(Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a
quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project'
Free Unlimited Parking Lot and Patrol. (this lot is currently surrounded by major construction)
(Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and
continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd
intersection and past the Amado Center, then turn right into the City of Palm Springs Free
Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit
the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to
Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then
turn right on Tachevah Dr. and then turn left on Miraleste.
BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr.
(Log time)
This concludes your route.
The PCO will at this point look at his or her watch to determine if three (3) hours have passed.
If not, the PCO may review the route for other parking violations such as color zones or
handicapped violations, etc. If three hours have passed since starting the first chalking rotation,
then the PCO returns to the beginning of the patrol route and observes if any of the vehicles
parked are in violation by the chalk mark put on the tire and writes a citation. Once completing
all citations for the route, the PCO then goes back to the beginning of the route and starts the
chalking / patrol again. This cycle is typically repeated three times per day.
Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on
Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).
J
DAILY ACTIVITY REPORT
Date: Start Time: End Time:
Beginning Mileage: Ending Mileage: Gallons:
CHALK! PATROL TIMES: Chalk times = Streets & Patrol times = Parking Lots
1"Time 2"'Time 3"Time
Tahquitz Cyn Way
S Indian Cyn (E)
N Palm Cyn (E)
Via Lola
N Palm Cyn (W)
Alejo Road
Alejo Parking Lot
Palm Cyn (E)
S Indian Cyn (W)
Baristo/Parking Structure
Baristo Road
S Indian Cyn (W)
Arenas Road
Arenas/Lulu's Parking Lot
Indian Cyn (W)
Henry Frank Parking Lot
N Indian Cyn (W)
Amado Road
Palm Cyn (W)
Vineyard Parking Lot
Mercado Parking Lot(chalk')
DRP Parking Lot
Azul/Blue Coyote Parking Lot
City Hall Parking lots` n/a n/a
J
(`The south (front) and east lots are patrolled once per day on Friday, Saturday, and Sunday only)
Shopping Center Parking Lots:
Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.
Walmart Shopping Center(Ramon Road at Crossley)
Gene Autry Plaza (Ramon Road at Gene Autry, south side)
The Springs Shopping Center(Ramon Road at Gene Autry, north side)
Regal Theaters (Alvarado at Tahquitz Canyon Way)
Steinmart (S. Palm Canyon at Morongo Road)
Smoke Tree Commons (E. Palm Canyon at Barona)
Smoke Tree Plaza (Palm Canyon at Sunrise Way)
Fresh-N- Easy (Sunrise Way at Tahquitz Canyon Way)
Desert Regional Medical Center(Indian Canyon Dr. at Paseo El Mirador)
4. PROPOSAL REQUIREMENTS:
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the professionalism and
competence of the selected firm to be knowledgeable of the general areas identified in the
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not
approve addenda to the selected firm's agreement which do not involve a substantial change
from the general scope of work identified in this RFP.
5. SELECTION PROCESS: This solicitation has been developed in the Request for
Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as
identified in the RFP will be considered by the Evaluation Committee to determine which
proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL
NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted
in reply to this RFP, and a limited number of firms may be invited to make a formal presentation
at a future date if desired by the City. The format, selection criteria and date of the presentation
will be established at the time of short listing, if conducted.
6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following
evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are
requested to submit their proposals so that they correspond to and are identified with the
following specific evaluation criteria (100 total points possible):
A. Firm/Company Qualifications and experience in providing similar services as defined in the
RFP, including References from other cities. (20 POINTS)
39
B. Proposal Organization, conformance with the RFP instructions, and demonstrated
Understanding of the overall project and requested Scope of Work. (20 POINTS)
C. Supervisor and Staff Qualifications, Experience and Training in providing the services as
defined in the RFP, including resumes (25 POINTS)
D. Local Preference: Firms that qualify as a Local Business, or employ local sub-consultants,
and submit a valid business license as more fully set forth in Section FA below, pursuant
to the City of Palm Springs Local Preference Ordinance 1756). The full local preference,
five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points
may be awarded to a non-local business that employs or retains local residents and/or
firms for this project. Non-local firms that do not employ or retain any local residents
and/or firms for this project shall earn zero (0) points for this criteria. (5 POINTS)
E. Cost Proposal (30 POINTS)
PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume
this prior work is known to the evaluation committee. All firms are evaluated solely on the
information contained in their proposal, information obtained from references, and presentations
if requested. All proposals must be prepared as if the evaluation committee has no knowledge
of the firm, their qualifications or past projects.
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The proposals must be in an 8 Y: X 11 format, may be no more than a
total of twenty (20) sheets of Paper(double sided is OK), including a cover letter. NOTE:
Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda
acknowledgments and the separately sealed Cost Proposal do NOT count toward the page
limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5)
copies) of its proposal by the deadline.
All proposals shall be sealed within one package and be clearly marked, 'RFP #04-14,
REQUESTS FOR PROPOSALS FOR PARKING ENFORCEMENT SERVICES. Within the
sealed proposal package, the Cost Proposal shall be separately sealed from the
Technical/Work Proposal. Proposals not meeting the above criteria may be found to be
non-responsive.
EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED
ENVELOPES:
Envelope #1, clearly marked "Technical/Work Proposal', shall include the following
items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• If applicable, your specific request for Local Preference (see Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley.
• Completed, and notarized, Affidavit of Non-Collusion (see Attachment B)
In addition to the items above, at a minimum, firms must provide the information identified
below. All such information shall be presented in a format that directly corresponds to the
numbering scheme identified here.
TECHNICALfWORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be
clearly marked and shall include the Sections A, B, C, and D below:
SECTION A:
FIRM/COMPANY QUALIFICATIONS AND EXPERIENCE (including any subcontractors)
AND REFERENCES FROM OTHER CITIES.
A.1 Follow the instructions and properly complete and execute both Attachment "A" and
Attachment "B" that are provided in the RFP and include them here in your proposal. If
applicable, your specific request for Local Preference (reference Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley is to also be included here.
A.2 Describe the firm's number of years of experience, background and qualifications in
providing parking enforcement services as defined in the RFP. We specifically are interested in
your experience with other cities, and experience in other seasonal or resort cities should be
highlighted.
A.3 Include a minimum of three (3) references of recent customers (cities) for who your firm
has provided similar parking enforcement services as contemplated herein. You must include
the name of a contact person, their title, and a current phone number, fax number, email
address and business address along with a brief description of the scope of work and cost for
each referenced city.
SECTION B:
PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND
DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED
SCOPE OF WORK
B.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE
INSTRUCTIONS on proper organization, format, order, and conformance with all requirements,
including any and all required signatures, attachments, acknowledgements, or other documents
that are required to be submitted. Failure to follow the instructions may result in your proposal
being non-responsive and rejected from consideration.
B.2 Without reciting the information regarding the services verbatim as contained in this
RFP, convey your overall understanding of the parking enforcement services and the City's
performance expectations. Discuss your firm's approach to Customer Service, Conflict
Resolution, and working with the City's assigned Contract Administrator.
B.3 Discuss how your firm will meet the Uniform, Equipment, Supplies, Safety Equipment
(including reflective vests), and Alternative Fuel Vehicle requirements as set forth in the RFP.
Provide detailed and specific information.
B.4 Identify any "key" or "critical" issues that you believe may be encountered based on the
firm's prior experiences; and provide steps to be taken to ensure the issues identified do not
affect the successful performance of the services. Carefully review the Route Plan provided.
SECTION C:
ASSIGNED SUPERVISOR AND STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING
IN PROVIDING PARKING ENFORCEMENT SERVICES
41 a
CA Include the background, experience, training, and Resume of the staff person you're
your firm will assign as the full-time On-Site Supervisor PCO for this contract. In addition,
provide the background experience, training, and Resumes of the other part-time PCO staff
members that will be assigned to perform parking enforcement services for the City under this
contract.
C.2 Provide how your employees are educated, trained, and prepared for parking
enforcement services. Include any continuing education or other training programs that your
employees must attend to keep abreast of current applicable laws, codes, and ordinances that
pertain to parking enforcement services. Also include your company training program for
proper use of the supplies, materials, equipment, and vehicles to be used in the performance of
parking enforcement services.
SECTION D:
LOCAL PREFERENCE
DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding
contracts for services, including consultant services, preference to a Local Business shall be
given whenever practicable and to the extent consistent with the law and interests of the public.
The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley' is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley"
includes the cities of Beaumont and Banning and the unincorporated areas between Banning
and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
The consultant will also, to the extent legally possible, solicit applications for employment and
proposals for subcontractors and subconsultants for work associated with the proposed contract
from local residents and firms as opportunities occur and hire qualified local residents and firms
whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment A) and provide a copy of its current
business license (or of those it employs for this project) from a jurisdiction in the Coachella
Valley. A non-local business that requests the preference based on employing local residents
must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with
the proposal. The City reserves the right to determine eligibility.
D.2 List all team members with local expertise. Clearly define their role in the overall project.
COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a
separately sealed envelope and shall include Section E below:
SECTION E:
COST PROPOSAL (*see Attachment "C")
42
E.1 The cost proposal (in a separate sealed envelope) shall be a Unit Hourly Rate for the
specified PCO's as defined in the Scope of Services and as provided in Attachment C.
PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED
BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment
"C" provided by the City WILL be cause for rejection of a proposal. Do NOT include
Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2,. Attachments "A"
and "B" are to be included in Envelope#1, "Tech niceI/Work Proposal".
8. GENERAL AND SPECIAL CONDITIONS:
DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of
Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME,
WEDNESDAY, SEPTEMBER 4, 2013. Proof of receipt before the deadline is a City of Palm
Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the
firms replying to this RFP to see that any proposal sent through the mail, or via any other
delivery method, shall have sufficient time to be received by the Procurement Office prior to the
proposal due date and time. Late proposals will be returned to the firm unopened. Proposals
shall be clearly marked and identified and must be submitted to:
City of Palm Springs
Procurement and Contracting Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a proposal.
Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING
and directed ONLY to:
Craig Gladders, C.P.M.
Procurement& Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.Gladdersna.oalmsoringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
12:00 P.M.. (NOON) Local Time, Thursday, August 22 2013 Questions received after this
date and time may not be answered. Only questions that have been resolved by formal written
Addenda via the Division of Procurement and Contracting will be binding. Oral and other
interpretations or clarifications will be without legal or contractual effect.
43
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Contract Services Agreement (see Attachment D ). Please note that the
Exhibits are intentionally P sample not complete in the attached le standard document. These
P
exhibits will be negotiated with the selected firm, and will appear in the final Contract Services
Agreement executed between the parties.
The term of the agreement that is awarded as a result of this RFP shall be in effect for five (5)
years, with the option for two (2) additional two (2) year renewals at the discretion of the City
Manager and pursuant to the terms and conditions of the agreement, including the provisions
for early termination.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer, and so on.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the scope of work, equipment and services identified in the RFP document. However, the
City reserves the right to award a contract, or to make no award, whichever is in the best
interest of the City. It is anticipated that award of the contract will occur at the next regularly
scheduled City Council meeting after the evaluation committee has made its final selection of
the firm to be recommended for award and a contract has been negotiated and agendized for
consideration. The decision of the City Council will be final.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right
to waive any informality or technical defect in a proposal and to accept or reject, in whole or in
part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best
serves the interests of the City. The City furthermore reserves the right to contract separately
with others certain tasks if deemed in the best interest of the City.
INSURANCE: Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the
insurance provisions BEFORE they submit their proposal.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it
is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an
RFP without an authorized signature, falsified any information in the proposal package, etc.),
the proposal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 et seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, may be made public after award of contract to a
specific firm, if any, by the City Council.
44
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any
costs incurred by any firm responding to this RFP in the preparation of their proposal or
participation in any presentation if requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled 'Business Tax'.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the firms responding to this RFP to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the City may
request. The City reserves the right to reject any proposal if the evidence submitted by or
investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out
the obligations of the Contract and to complete the Work contemplated therein.
NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares
that this Proposal is made without collusion with any other business making any other Proposal,
or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-
Collusion provided as Attachment "B" in the RFP and include it with their proposal.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted
to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions
set forth in all of the sheets which make up this Request for Proposals, and any attached
sample agreement. Exceptions to any of the language in either the RFP documents or
attached sample agreement, including the insurance requirements, must be included in the
proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process; however, the City makes no guarantee that any exceptions will be approved.
REQUEST FOR PROPOSALS (RFP 04-14)
FOR
PARKING ENFORCEMENT SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
45
Q 1: In regards to the Attorney General's opinion on private parking companies issuing
municipal citations. Does the City of Palm Springs see an issue with the statement that cities
"cannot reasonably be considered as the type of service that by implication may be contracted
out to a private party'?
A 9: The 2002 Attorney General Opinion referenced (85 Ops. Cal. Atty, Gen. 83) was
specific to General Law Cities. The City of Palm Springs is a Charter City.
Q 2: Page 23 of 38 A. Errors and Omissions Insurance; refers to "industry standard form
Contract liability (errors and omissions) insurance coverage. Errors and Omissions insurance
routinely excludes contractual liability. Do you wish the contractor to purchase errors and
omissions with contractual liability; this coverage is not readily available. Would the City of Palm
Springs accept professional liability insurance?
A 2: The Requirement for Errors and Omissions Insurance for this contract shall be
Waived.
Q 3: Page 24 of 38 — 5.2 Deductibles and Self-Insured Retentions; your maximum allowable
is $10,000 will you accept $100,000?
A 3: As stated in the document, the City may require evidence of pending claims and
claims history as well as evidence of Contractor's ability to pay claims for all deductible
amounts and self-insured retentions proposed in excess of$10,000. The City will make
this determination during the negotiation phase with the contractor that is recommended
for award, should they request it.
Q 4: Page 27 of 38 — Indemnification and Reimbursement; this statement could cause the
contractor to indemnify and defend the city against things that would otherwise fall within the
immunity of government entities. What is the intent?
A 4: The provision speaks for itself and the language shall not be revised or changed.
Q 5: Attachment B- If attachment B needs to be notarized can the state and county be
changed?
A 5: Yes.
Q 6: How many parking stalls in the patrol area?
A 6: 803 time-limit parking spaces.
Q 7: Does the City of Palm Springs provide an office and utilities for that office?
A 7: No, not currently. At this time the City only provides access to a secured shared
office space inside City Hall where the CPO may access the citation computer
equipment. No desk or chair or other "office" furniture is provided for the CPO. In the
event the City were able to provide an office space at a future date, the contractor would
be notified and yes, the utilities would be paid for by the City.
Q 8: Does the City of Palm Springs purchase the ticket stock and envelopes or is this a cost that
should be included in our cost proposal?
4B
A 8: Yes, the City provides the ticket stock and envelopes.
Q 9: Does the City of Palm Springs have handheld units and citation issuing software or is this
to be provided by the contractor?
A 9: Yes, the City has handheld units and citation software that is provided by another
contractor. This equipment is not to be provided by the enforcement contractor in this
RFP.
Q 10: What handheld equipment and citation issuing software is currently being used?
A 10: AutoCite Series D Handheld is the current equipment, however that is subject to
change at the discretion of the City.
Q 11: Is the contractor responsible for purchasing computers and office furniture or is this
supplied by the City of Palm Springs?
A 11: Computer equipment is provided by the City. See answer to Question #7 with
respect to Office furniture.
Q 12: Are gasoline/electric hybrid cars which provide an average of 50% increased mileage
considered to be an acceptable alternative fuel vehicle? If not what type or percentage of
efficiency will meet the cities requirements?
A 12: Cars/automobiles of any kind are NOT an acceptable vehicle for the performance
of this contract. The City requires Alternative Fuel/Hybrid Parking Patrol Vehicles ONLY.
Note that this contract requires the manual marking of parked vehicle tires, therefore a
car/automobile is not acceptable.
Q 13: Does the City of Palm Springs currently own the vehicles utilized by the patrol staff or are
those owned by the current operator? Are those vehicles alternative fuel?
A 13: The City currently owns the outdated, aged, gasoline powered parking patrol
vehicles and they will NOT be utilized under the new contract as a result of this RFP.
Q14: What was the proposed operational budget for the 2013/2014 year?
A 14: The City of Palm Springs total operational budget is $83.4 million for the City's
General Fund for our current FY 13-14.
Q 15: What additional reporting does the city require monthly?
A 15.• Time cards.
Q 16: Does the California All Purpose Acknowledgment need to be filled out and submitted with
the proposal? Can the California All Purpose acknowledgement be notarized in another state?
A 16: No. The California All Purpose Acknowledgement that is included with the blank
sample boilerplate agreement is NOT to be filled out. The blank sample agreement is
47
provided for your information only and will be completed and executed with the firm that
is successful in this process and awarded the contract
Q 17: Can attachment B be notarized in another state?
A 17: See answer to question #5 above.
Q 18: Does the City of Palm Springs want the highlighted areas of attachment D completed?
A 18: No. The blank sample agreement as provided in Attachment D is for your
information only and will be completed and executed with the firm that is successful in
this process and awarded the contract.
Q 19: City of Palm Springs has included Exhibits A, B, C and D. The RFP states that they are
specifically left blank. Does the city want these filled out during the time of the proposal or will
they be completed at a later date as specified on page 14 paragraph 3?
A 19: No. The blank sample agreement, including all of the Exhibits, as provided in
Attachment D is for your information only and will be completed at a later date and
executed with the firm that is successful in this process and awarded the contract.
Q 20: Will the City be providing the selected vendor with any citation processing or other parking
enforcement related equipment? If so, what type of equipment will be provided?
A 20: See answers to Questions #8, 9, 10, and 11.
Q 21: Can the City please provide a list of members of the decision making committee who will
be evaluating the proposals?
A 21: No.
Q 22: Does the City anticipate a decrease in the listed minimum schedule of 89 hours per week.
If so why, and by how many hours?
A 22: No. The City does not anticipate this at this time, however, the hours are subject
to change and may be modified as noted in the RFP.
Q 23: Can we get breakdown by month of the numbers and types of violations that have being
written over the last 2 years?
A 23: No, the City is unable to provide this information as requested. However, we are
attaching hereto a copy of a Violation Summary report by one CPO for a 1 year period.
Q 24: Can we get the fine income generated on a monthly basis over the last 2 years?
A 24: We are unable to provide this information at the time of publication of this
Addenda #1. While the deadline for all questions has now passed, if in the event we are
able to obtain the information requested, we will issue a second Addenda.
Q 25: Can we get copy of current contract that Standard Parking is under?
4S
A 25: A copy of the Standard Parking contract is attached hereto.
Q 26: Can we get copies of invoices by month for the last 12 months for the current contract?
A 26: A copy of the invoices for the last 12 months is attached hereto.
Q 27: Contract page 24 of 38 Self-insurance retention — We currently have a 100,000 self
insurance retention amount on most of our coverage — This is standard with all our clients will
this be OK with proof of ability to pay any claims? This contract states that all costs and claims
are ours anyway.
A 27: See answer to Question#3.
Q 28: Can we get the current fine amounts for the fines being written? The parking codes
12.32.010, 12.32.020, 12.32.030, 12,32.040, 12.32.050, 12.32.080, 12.32.100 (all fines by color
& zone violation) as well as any others they currently enforce for.
A 28: A copy of the City's current Violation fees (bail schedule) is attached hereto.
Q 29: The city has the right to cancel the agreement for any reason —We will be buying vehicles
and equipment that we will be amortizing over the initial 5 years — Will the city reimburse
unamortized values if the contract does not go initial 5 year term?
A 29: No.
Q 30: If our hourly rate is based on 89 hours per week and the amortization of our capital is
based on these hours, will the City consider increasing the billable hourly rate if there are
significant drops in the average number of hours billed?
A 30: No.
Q 31: Can the errors & omissions Insurance coverage be lowered? We have $1,00,000; but not
the $2,000,000 annual aggregate?
A 31: See answer to Question #2.
Q 32: As long as we comply with the RFP specifications, can we provide supplemental cost
proposal options and solutions?
A 32: Yes, as long as you comply and do not exceed the page limit. Note however that
what is requested in the RFP is the preference of the City.
Q 33: Will the Contractor be offered the ability to renegotiate the hourly rates should the weekly
hours described in the proposal be greatly reduced?
A 33: No.
Q 34: Will the City reimburse Contractor for unamortized capital investments (and/or non-
depreciated portions of capital assets) made on behalf of the City in the event of early
Termination?
49
A 34: No.
Q 35: Page 10 of the RFP materials. Contractor may be asked to patrol privately owned
shopping center parking lots (listed on page 10). Will the City pay Contractor to patrol private
property as well, or will the individual property owners be compensating Contractor for as-
needed patrol services?
A 35: The City will compensate the contractor.
Q 36: Section 5.2 - Our master insurance program contains a $250K deductible on our WC,
Auto and GKLL policy, while our GL policy has a $250K self-insured retention. The City
reserves the rights to require a lower deductible / retention amount. We are not able to reduce
our insurance policy deductibles or retentions. Is this acceptable to the City?
A 36. See answer to Question #3.
Q 37: Section 5.3.5 - Our insurance carrier requires that we keep in the "endeavor to" wording
(as in — we "endeavor to" provide 30 days written notice of policy cancellation, non-renewal or
material change). Is this okay with the City?
A 37: Yes.
Q 38: Section 5.3.8 & 5.5 - As proof of insurance coverage, we can submit certificates of
endorsements and applicable endorsements. However, we are not able to provide full copies of
our insurance policies. Is this okay with the City?
A 38: Yes, as long as all certificates, endorsements and all other insurance
requirements are met.
Q 39: Section 6.1 of the sample contract. Contractor indemnifies the City for any claims or
losses arising from Contractor's performance of this agreement, with the exception of the City's
sole negligence or willful misconduct. Will the City remove the word "sole" before "negligence"?
A 39: No. Also see answer to Question #4.
Q 40: Section 6.2 of the sample contract. This provision relates to design contract services. Will
the City remove these inapplicable provisions from the agreement?
A 40: Yes. These provisions will be waived.
Q 41: Section 8.3 of the sample contract. Please note that this provision conflict with
Section 3.5 of the agreement, which states termination for cause rights. In this Section 8.3,
the City may terminate the agreement for Contractor's breach with 10 days' prior written notice
and if Contractor fails to cure within that time period. Additionally, the City reserves the right,
even after termination of Contractor for cause, to perform the agreement themselves and to hold
Contractor liable, or to withhold payment to Contractor by requiring Contractor to continue
performing, for damages. Will the City consider removing Section 8.3(8) in its entirety, with the
City having the right to terminate Contractor for cause under Section 8.3(A)?
A 41: The language will be revised to reflect the City's standard termination language for this
type of agreement which will be as follows: "City may terminate this Agreement at any time, with
� 0
or without cause, upon thirty(30) days written notice to Contractor. Where termination is due to
the fault of Contractor and constitutes an immediate danger to health, safety, and general
welfare, the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Contractor shall immediately cease all services except such
as may be specifically approved by the Contract Officer. Contractor shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer after such notice. Contractor may terminate this
Agreement, with or without cause, upon thirty(30) days written notice to City.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement & Contracting Manager
DATE: August 22, 2013
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 1 is required by signing and including the
acknowledgment with your submittal, or you may also acknowledge the Addenda on the
bottom of Attachment A. Failure to acknowledge this Addendum may result in your
submittal being deemed non-responsive.
:1 1
EXHIBIT"C"
CONTRACTOR'S PROPOSAL
52
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WE SEE
THE P E� 0 r" L •—E
NOT THE
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City of Palm Springs
iEVERY THANK YOU EARNED'
g City of Palm Springs Parking Enforcement RFP
City of Palm Springs Parking Enforcement
TABLE OF CONTENTS
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- our mission
By valuing our employees,listening to our clients,and operating under the ideals of moral integrity,quality, and
r accountability, we will lead the parking industry in service and financial results for our dients.
■ LETTER OF TRANSMITTAL
tt an J7'u August 29, 2013
airman
hnBaumgardner Craig L. Gladders
Ice Chairman&CEO City of Palm Springs
eve Burton Office of Procurement and Contracting
resident 3200 East Tahquitz Canyon Way
eith8Jones Palm Springs, CA 92262
anaging Principal
unding Member of the Dear Mr. Gladders,
ational Parking As Iabon
Ace Parking is pleased to provide the City of Palm Springs with a proposal for
Parking Enforcement Services. Ace Parking is a Southern California based
company with both long term business and residential ties to Palm Springs and the
Coachella Valley. We have partnered on behalf of the City for over 7 years as your
parking partner at the Airport. We have over 30 employees working for us in Palm
Springs with an annual payroll of over $350,000.
Additionally, we manage the Traffic Control Officers that control the traffic flow on
the Airport's roadway. Our intention is to cross train many of these individuals to be
back-ups for our proposed Traffic Enforcement Officers for the downtown
enforcement program. Our team will be overseen by Bill Huff, our manager of the
TCO's at the airport. Bill has firsthand knowledge of your operation and will be an
valuable asset to the City as we significantly elevate the service level.
We hope you take the opportunity to speak with Tom Nolan, Palm Springs Aviation
Director. He can confirm that we are the highest quality partner for the Airport and
the City.
Ace Parking has a clear and comprehensive understanding of how to manage the
on-street parking operations and how to satisfy the goals and objectives of the City
of Palm Springs. We will work closely with the City's staff as well as Palm Springs
Police to make sure all enforcement needs are being met.
Enforcement Experience
Ace Parking has extensive experience with Parking Enforcement managing over
3,800 metered parking stalls in San Diego County. In addition, we have managed
the on street Parking Enforcement for the City of Chula Vista for the past 5+ years.
Technology Experience
Ace Parking has extensive experience with Duncan Solutions and their handheld
ticket issuing technology. Due to our experience, we can provide recommendations
on equipment upgrades and work with your vendors to secure the best solution for
your operation. As a consultative partner, Ace will be looking for the best strategies
to maximize operational efficiencies. Ace's experience includes utilizing handheld
645 ASH STREET SAN DIEGO, CA 92101 1 619.233.6624 1 ACEPARKING.COM J 5
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enforcement units, citation writing, data collection, online collections & permitting,
citation payment, adjudication, incident management, reporting and auditing.
Alternative Technology Proposed
We have provided a second cost proposal for the City's consideration. It is intended
to take your enforcement procedures to the next level. In our second option, we are
proposing that we mount a License Plate Recognition System (LPR) onto the
enforcement vehicles. This will allow us to go away from the manual chalking
process and utilize parkers' license plate to track vehicles in the enforcement areas.
We will know exactly when cars parked in a particular area which will increase fine
writing and income to the City. The system requires a sizeable investment; but only
needs to generate an increase in fine income of approximately $1,500 per month to
break even. We believe with the increased enforcement and use of this system,
parking fine income will dramatically increase.
Smooth Transition and Ongoing Training
We will utilize our parking enforcement knowledge and commit our high-level
resources in the planning and implementation phases as well as the execution of
ongoing operations. Much of our sustained success is based on the ongoing
training of employees and other motivational programs. Ace Parking provides
training for all regular, replacement and additional employees. We also provide
comprehensive retraining and continuing education for all our employees to
maintain the highest levels of customer service.
Thank you for considering Ace Parking as your parking partner. We encourage you
reach out to our clients and learn about our successful team approach and full
commitment that our clients and your fellow City team members enjoy.
Sincerely,
A:�
Steve Burton
President
5
4
ATTACHMENT "A"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL
(Envelope #1)*
REQUESTS FOR PROPOSALS (RFP) # 04-14
PARKING ENFORCEMENT SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
Ace Parking
BUSINESS ADDRESS: corporate Headquarters: 645 Ash street, San Diego, CA 92101
TELEPHONE: (619)233-6624 CELL PHONE N/A FAX (619) 233-0741
CONTACT PERSON Steve Burton, President EMAIL ADDRESS Sburton@aceparking.com
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
Steve Burton, President
TITLE
9
SIGNATURE AND ATE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
—A company;
x A corporation If a corporation, organized in the state of: CA
_A Local Business (Licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
2. My tax identification number is: 9 5-3 13144 7
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the
acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal
being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # 1 islare hereby acknowledged.
RFP#04-14
Page 16 of 40 57
4
ATTACHMENT "A"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL
(Envelope #1)*
REQUESTS FOR PROPOSALS (RFP) # 04-14
PARKING ENFORCEMENT SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
Ace Parking
BUSINESS ADDRESS: corporate Headquarters: 645 Ash Street, San Diego, CA 92101
TELEPHONE: (619)233-6624 CELL PHONE N/A FAX (619) 233-0741
CONTACT PERSON Steve Burton, President EMAIL ADDRESS Shurton@aceparking.com
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
Steve Burton, President
D-TITLE
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
—An individual;
A partnership, Partners' names.
_A company;
x A corporation If a corporation, organized in the state of: CA
A Local Business (Licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
2. My tax identification number is:
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the
acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal
being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # 1 is/are hereby acknowledged.
RFP#04-14
Page 16 of 40
J�
ATTACHMENT "B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK
PROPOSAL (Envelope#1)*
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA) ss
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is
k
PRESIDENT of ACE PARKING . the party
' making the foregoing Proposal. That the Proposal is not made in the interests of, or on the
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not
directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal,
and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or
anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the
Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or,
conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix
any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or
to secure any advantage against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the Proposal are true; and, further, that
the Proposer has not, directly or indirectly, submitted his or her Proposal price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or
paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, Proposal depository, or any other member or agent thereof to effectuate a
collusive or sham Proposal.
B : z4t
Title: President
Subscribed and sworn to before me this 3rd day of September 2013.
RFP#04-14 Revised:6/16/10
720669.1 Page 17 of 38 _ p
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TWA.
A.2 Ace Parking Management, Inc. (a California Corporation) was founded in 1950 and is one of
the largest privately held, full service parking companies in
the country. It is owned and operated by Scott Jones, the
son of the founder. Headquartered in San Diego, Ace
Parking manages over 450 locations throughout nine states.
These locations collectively service nearly 250,000
customers per day and control more than 175,000 off-street
parking stalls. Revenue from all operations exceeds $369 #$
million annually, while employing more than 4,500 team
members with an annual payroll of$60 million.
Our only business is the operation of parking facilities and transportation related businesses.
Ace Parking operates every conceivable type of parking application from urban retail, office
complexes, on street parking enforcement, hotels, hospitals, entertainment centers,
stadiums, airports and arenas. We have the financial strength, experience, expertise, and
operational ability of the large national parking operators, yet are able to deliver our services
with a personal, hands on approach, a sense of urgency, and the highest levels of service,
client, and customer commitment. This is what separates us from our competitors. Our
executives are on site at least once per quarter and are always available for meetings as
necessary.
EVERY THANK YOU EARNED.Tm
After 60+ years of partnering with respected brands like yours, we understand that the
parking business is about taking care of people. That's why everyone at Ace Parking -from
our lot attendants to our CEO - is ready to assist you and your guests in any way, at any
time, at a moment's notice. When we say "Every Thank You Earned", it's more than just
words. It's our way of doing business:
• Planning, but also reacting.
• Proactive solutions, but also solving each unique need.
• Active 365 days a year, but also 24 hours a day.
• On the job, but also on the spot when it matters.
• Customer service as a brand ideal, but also as individual experiences.
As your partner, we'll look forward to earning every "Thank You" -even if it's at 3:00 in the
morning.
Parking Presence in Southern California
Ace Parking is the largest parking provider in San Diego and is one of the top two largest in
Southern California serving mixed-use, event parking venues, commercial garages, and hotel
and valet event customers throughout the region. We have over 170 locations in Southern
California and over 1,800 employees who support those operations. This pool of
employees can be drawn upon to support the City of Palm Springs Parking
Enforcement operation at a moment's notice. We are also the largest parking operator
in the City of Palm Springs based on our operation at the Airport.
Southern California Municipal Clients include:
• City of Palm Springs at the Airport for over 7 years
• City of Chula Vista Parking Enforcement
• Port of San Diego
• City of San Diego _
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Client References
Ace Parking manages over 3,800 metered parking stalls in downtown San Diego and 500
metered stalls and 11 surface lots in downtown Chula Vista. Ace Parking has extensive
experience with Duncan AutoCite handheld ticket issuing technology as well as various pay
machines such as Ventek. Below is a list of municipal clients which are of similar size and
scope to your parking operation.
City of Palm Springs
Dates of Service: 2005 - Present
Description: Manage 1,510 parking stalls over three self parking
facilities. Ace provides management of all Ground Transportation
Dispatch Services for all taxis and shuttles for hire and oversees
traffic enforcement for the entire airport. Annual revenue from the
parking operation is $2,800,000 annually with an additional $15,000
in ticket revenue.
Contact:
Tom Nolan
Executive Director
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
P. 760-318-3900
Fax 760-318-3815
Thomas.Nolan@palmsprings-ca.gov p
City of Chula Vista
Dates of Service: 2010— Present
Description: 500 single space meters and 11 surface lots with pay
stations. Enforcement hours are Monday— Saturday, 9am —6pm.
Ace Parking performs meter collection, parking law enforcement
customer service for parkers who need to resolve parking issues and
manages the general parking area maintenance. In addition, monthly
and weekly reporting on parking revenue and statistics is provided to
the City of Chula Vista.
Contact:
Tiffany Allen
Finance Department
276 4t^Avenue
Chula Vista, CA
P. (619) 691-5250
Fax (619) 409-5814
Tallen@chulavistaca.gov
The Presidio, San Francisco
Dates of Service: 2007— Present
Description: Our operation with Presidio Park began with metered
parking management. Today Ace manages 2,500 stalls which
encompass 25 surface lots and involve pay and display machines.
Ace oversees the transient, monthly and day permits. Enforcement
of the parking is largely managed by the park police; however, Ace
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Parking assists the police by reporting issues with repeat parking offenders identified during
parking audits.
Contact:
Mark Helmbrecht
Transportation Program Manager
Presidio Trust
103 Montgomery Street
San Francisco, CA 94129
P. (415) 561-5438
Fax (415) 561-7621
mhelmbrecht@presidiotrust.g ov
Port of San Diego
Dates of Service: 1989—Present
Description: Ace Parking manages two waterfront Port properties which
include the 900 + stall Hilton Bayfront garage and all
surface lot parking on Broadway Pier. Ace took over an in-
house operation at Navy Pier and operated the Hilton
Garage since inception. Track parkers for expired or non-
paid vehicles and issue citation
Contact:
Kristine A. Love
Asset Manager— Real Estate
Unified Port of San Diego
P.O. Box 120488
P. (619) 686-6358
Fax (619) 686-6200
klove@portofsandiego.com
City of San Diego
Dates of Service: 1967- Present
Type of Parking Enforcement Services:
Description: For over 42 years, Ace Parking has operated
Qualcomm Stadium for the City of San Diego. The stadium has
72,000 seats and the major tenant is the San Diego Chargers
football team. Ace is responsible for the traffic control at all entry
and exit points, citation and towing of unauthorized vehicles. Ace
Parking implemented the existing parking controls so there was
no in-house or operational takeover of the parking enforcement.
With 18,500 stalls, it is also the venue used by San Diego State University's Aztec football
team, various motor sports events, holiday bowls and concerts. Qualcomm was also host to
Super Bowl XXII in 1988, Super Bowl XXXII in 1998 and Super Bowl XXXVII in 2003.
Qualcomm Stadium has approximately 6,230,000 transient parkers on an annual basis.
Contact:
Mr. Mike McSweeney
General Manager, Qualcomm
City of San Diego
9449 Friars Road
d
San Diego, CA 92108
P. (619) 641-3126
Fax (619) 283-0460
mmcsweeney@sandiego.gov
City of Phoenix
Dates of Service: 1998—Present
Description: Ace Parking manages all parking operations for the
City of Phoenix's parking structures, which include five garages
and one surface lot. Ace tracks monthly parking passes and issues
fee notices for delinquent or unauthorized monthly parkers. These
garages range in size from 191 spaces at the West Garage up to
2,813 spaces at the East Garage. There are 4,586 spaces
servicing the Phoenix Convention Center and other local business
that Ace Parking manages for the City of Phoenix. The Phoenix
Convention Center Parking Operation generates over $2,000,000
in annual revenue.
Contact Information:
Prasan De Silva
Parking Venues Manager
Phoenix Convention Center & Venues
100 N. 3rd St.
Phoenix, AZ 85004
P. (602) 262-7503
Fax (602) 744-2872
Prasan.Desilva@phoenix.gov
Public Works Surface Lots
Dates of Service: 2011 — Present
Description: Ace Parking manages the Public Works garages
and multiple surface lots throughout downtown Phoenix. Ace
Parking oversees all operations which include transient, monthly,
parking enforcement and vehicle dispatch. Ace patrols, monitors
and enforces posted parking regulations, issues violations for
delinquent parkers and tow if necessary.
Operator:
Veronica Esparza
Public Works Department
Facilities Management
2631 S. 22ntl Ave
Phoenix, AZ 85009
P. (602) 256-4361
Fax (602) 262-6011
Veronica.esparza@phoenix.gov
City of Tucson
Dates of Service: 1993- Present
Description: Ace manages 6 parking lots (Hourly, Daily, Economy,
Economy Covered, Garage and Employee), with a total of 8,431
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parking spaces. Ace Parking provides Parking Management, Shuttle Bus Management and
Roadway Management Services. Annual revenue is $6,000,000 annually.
Contact:
Karen Thomas
Director of Properties
Tucson Airport Authority
7005 S. Plumer Avenue
Tucson, AZ 85756
P. (520) 573-4806
Fax (520) 573-8013
kthomas@tucsonairport.org
San Diego Airport
Dates of Service: 1971- Present
Description: Ace manages 7,400 parking stalls over 6 public and
employee parking facilities. Ace Parking provides management of
Self and Valet Parking, Employee Parking program including access
card management, Ground Transportation Dispatch Services for all
taxis and shuttles for hire, Shuttle Operations or all remote lots,
employee lots, and inter-terminal transit (29 shuttles). Ace uses
License Plate Recognition technology to assist the Airport Traffic
Officers in identifying expired parkers or violators and to track and
enforce the 30 day abandoned vehicles law.
Contact:
David Boenitz
Director, Ground Transportation
San Diego County Regional Airport Authority
P.O. Box 82776
San Diego CA, 92138
P. (619) 400-2690
Fax (619) 400-2686
dboenitz@san.org
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SECTION • • • ORGANIZATION
B.1 Ace has followed the organization, format, order and conformance of this RFP.
B.2 Working closely with the City of Palm Springs currently for the Airport Parking Operations,
Ace Parking understands the specific parking enforcement issues facing the City. Ace
understands that the City of Palm Springs needs a proactive and experienced partner who
will work as a consultative partner. Although our local team will provide most of the day to
day support, our Executive Team is only two hours away and will be available for ongoing
support as often as necessary.
Ace Parking has extensive experience with Parking Enforcement Operations as we currently
manage over 3,800 metered parking stalls in downtown San Diego. In addition, we have
managed the on street Parking Enforcement for the City of Chula Vista for the past 5 years.
Ace also has extensive experience with current and cutting edge parking enforcement
technology. We currently utilize Duncan Solutions and their handheld ticket issuing
technology at our enforcement operation in Chula Vista and at various locations in La Jolla
and San Diego. We have also been utilizing License Plate Recognition (LPR) technology at
our airport operations to quickly detect parking violators. Whenever possible, Ace will always
provide recommendations on equipment upgrades and work with your vendors to secure the
best solution for your operation. As a consultative partner, Ace will be looking for the best
strategies to maximize operational efficiencies. Ace's experience includes utilizing handheld
enforcement units and LPR technology, citation writing, data collection, adjudication, incident
management, reporting and auditing.
OPERATIONS PLAN
Enforcement operating hours are Monday through Sunday, 12:00 p.m. —8:00 p.m. There will
be three Parking Enforcement staff, one of which is also the On-site Supervisor. Each officer
will be working 8 hour shifts. They will begin patrol no later than 30 minutes after the start of
their shift and will continue their patrol until at least 30 minutes before the end of their shift.
Descriptions of these staff members are outlined below:
On-site Supervisor will oversee your entire parking enforcement program. A
supervisor will be staffed 5 days per week with a standard 9am —6pm hour work
day. The bulk of the supervisor's time will be spent developing annual budgets,
managing the staff schedules, providing and improving effective revenue and
enforcement tracking procedures and working the parking enforcement route.
Customer service and effectively responding to and resolving problems will be a
key function of the supervisor. In addition, we would like the supervisor to have, at
minimum, weekly meetings with City's Contract Administrator to ensure Ace
Parking is performing at expected levels, to identify other opportunities and review
financial results for the parking enforcement. We believe the regular interaction
between the city officers and our operations team can only improve El
communication and the working relationships.
In addition to our supervisor, two part-time staff members will be utilized between 3:30am -
8:30pm Monday to Friday and 11:30 am to 8:30pm Friday to Sunday. These staff members
will be used in the following way:
• Enforcement Officer will be responsible for all aspects of the parking
enforcement. They will circulate around the on street parking and enforced lots in
u5
the Downtown District. During each circulation, the enforcement staff
will perform light maintenance (trash removal and sweeping). Between
circulations, the enforcement personnel will complete citation
administrative procedures. Ace enforcement staff member must 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.
• The ability to speak a second language, such as Spanish 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, downtown business owners and City personnel.
• Possess a high school diploma or equivalent.
• Possess a valid class "C" State of California driver's license. (On-site
personnel only)
• Possess all current State of California, Consumer Affairs, guard
requirements. (On-site personnel only)
• Pass a background check conducted by the Oceanside Police Department
Background Unit, a drug-screening test and undergo a comprehensive
medical examination to determine fitness to perform assigned duties. The
Police Department will provide the requirements to meet City background
requirements. (On-site personnel only)
• Have a fingerprint clearance with the Department of Justice (D.O.J.) and
National Crime Information Center (N.C.I.C.). (On-site personnel only)
We are very flexible in our approach and will strive to provide the most effective schedule to
meet the customer service and financial performance for your parking enforcement needs.
CUSTOMER SERVICE
Ace's enforcement team is highly trained in customer service and because of our experience
in Chula Vista, Phoenix and San Diego our team has developed best practices for interacting
with the public on behalf of a municipality.
Ace Parking's philosophy on how customers are perceived and how they should be treated is
simply, that our Guests are King. Without the parkers in your city, we would not be in
business. Customer Service and satisfaction is paramount to everything we do.
This means we would look to incorporate the very same training and staffing requirements as
we would for any one of our high-end hotels. This is augmented by the on-site supervisors
who will have a keen understanding of the City of Palm Springs and Ace Parking
philosophies. Our supervisors live and breathe service with a sense of urgency on a daily
basis.
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Ace Parking Service Pledge
Ace Parking begins its commitment to customer service quality with a service pledge. This is
our guarantee to any parker that enters one of our locations. Essentially we are telling guests
what to expect when they are at an Ace Parking facility:
EE
PARKING SERVICE PLEDGE
MISE YOU:
ean And Well Maintained Facility
dly And Courteous Employees
pt Service
EVER fail to meet your expectationsrm our attendant. Each is er complete satisfaction.
Our service pledge comes directly from Ace Parking's Chairman, Scott Jones, and is seen in
the behaviors of each Ace Parking Team employee. Ace Parking customers see this pledge
when they drive in to an Ace Parking managed facility and again when they exit. More
importantly, Ace Parking's guests see the pledge in action at every location. No other parking
company pledges to deliver so much.
Formal Quality Control Programs and QA Monitoring
Ace Parking has several programs in place wherein we constantly are evaluating the
effectiveness, efficiency and end results of our oversight of your parking operations. Our in-
house programs help us better measure and manage the performance of our operations. As
always, our programs can be modified to meet the specific needs of the parking operations.
Feedback is key and welcome by our management team and onsite vendors to help us
continually evaluate our performance and look for improvements.
Report Card
The On-Site Supervisor's annual review and merit increases are based, in part, on his or her
performance on operational and customer service related audits. All Ace Parking operations
are audited, at a minimum, on a quarterly basis. The information from the audit is
immediately shared with the management and staff.
Landlord Contact Program
As a means of achieving less formal — but equally effective -- management review meetings,
the Manager and other Ace Parking executives invite the City of Palm Springs management
to an informal roundtable meeting each month. The purpose of the meeting is to seek out
ongoing feedback regarding satisfaction levels and how we might improve.
Customer Comment Cards & Reports
The Customer Comment Card is one way that we measure the success of our Customer
Service Program. It is directly tied to our Service Empowerment Pledge. We hand the
customer comment cards out in order to obtain feedback from our customers on how well we
are doing in terms of customer service and to learn what we might do differently. We
consistently get both positive and negative comments. Further, our Customer Comment
Cards help us to communicate and build stronger alliances or teams in three areas, Client,
Team and Customer Relations.
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Meeting High Standards
As previously mentioned, Ace Parking does not take a caretaker posture with our operations.
We constantly strive for exceeding the customer's expectations and driving the operations to
the next level in service. Some of the programs/initiatives we will look to undertake are as
listed below:
• Constantly monitor, evaluate and adjust staffing levels for maximum efficiency with focus
on customer service
• Encourage guest feedback
• The Ace Parking Executive Management team will be fully engaged in the operations
from day one
CONFLICT RESOLUTION
Ace's team will respond to any citizen complaint the same day or if necessary within 24
hours. A 24 hour toll-free number will be provided to citizens to assist them if a problem
should arise. Ace has an administrator that answers these calls and can ensure issues are
addressed and resolved.
Ace has extensive experience communicating with the public. Ace operates a storefront in
Chula Vista for 6 hours per week in which citizens can come in and pay or appeal their
citations or to obtain general information. We also offer a toll-free number in Chula Vista
which citizens may utilize.
Complaints to City Regarding Contractor Employees
Bill Huff will be the On-Site Supervisor for the City of Palm Spring's Parking Enforcement
Operation. He will oversee the parking enforcement officers. Bill has been overseeing the
Palm Springs Airport Traffic Enforcement Team for the past 7 years and has extensive
experience in handling public complaints regarding employees. Bill will see to it that all
complaints are addressed within 24 hours.
On a weekly basis, Ace's On-site Supervisor will meet with the Contract Administrator to
make sure they are aware of any complaints against staff or issues with parking citations. In
addition, any improvements to customer service or the revenue collection process will be
immediately shared with the Contract Administrator.
REPORTING
Ace can prepare and deliver special, additional and supplemental reports at the request of
the City such as Employee Daily Reports. Ace can create a Productivity Report for the City
for each individual officer. This will show our management and the City the officers'
productivity levels. We can then determine inefficiencies and address issues to help them
become more productive.
Ace will provide a weekly schedule showing officer assignments and scheduled enforcement
hours, listing in all absent officers and reason for absences.
Ace will provide a monthly summary of activities showing total work hours, patrol and non-
patrol (time spent at hearings, in training, etc).
B.3 Parking Enforcement Uniforms
Although customer interactions are brief, we still believe that our team should look
professional and presentable. We believe professional looking uniforms go a long way
68
toward creating a favorable first impression and symbolize the pledge to operate the city's
parking enforcement with a quality approach. We can utilize the basic Ace uniform which
includes a blue button down collared shirt, black pants/shorts, all weather jacket, baseball
cap, and name badge to project a clean and classy image for the parking enforcement staff.
Uniforms must be well maintained and worn professionally at all times while on duty (i.e. no
baggy clothes, untied laces etc).
Our proposal projects the cost of our basic uniforms for hourly operations staff. Ultimately,
you may elect to choose a uniform program that best suits your unique operations. Ace
Parking does not require our standard uniforms be utilized and would look to work with the
City of Palm Springs to develop the image you desire to project. Any special discounts in
pricing realized from our relationships with our uniform providers are passed on to you
directly as your benefit. Ace Parking does not mark up or charge handling fees for uniform
purchases for our clients.
Equipment and Supplies
Ace Parking takes safety very seriously. Each enforcement officer will be issued a reflective
vest as part of their uniform. The importance of wearing a reflective vest is highly stressed to
our employees. A cell phone will be issued to the officer at the start to each shift. They are
expected to utilize the cell phone to stay in communication with the On-site Supervisor and
I report any issues or emergencies they might encounter.
In addition to safety equipment, each enforcement officer will also be issued enforcement
equipment. This equipment could include: Duncan handheld, a tape measure, chalk, chalking
stick digital camera and flashlight. If the City chooses to use LPR equipment and it happens
to be down, these items will help the officer to be well prepared to continue enforcing parking
rules using the manual process of chalking, measuring and taking photos to back-up tickets.
Enforcement Vehicles
Ace Parking is very flexible in our approach to enforcement vehicles. We recommend the
GEM eS 2-passenger electric vehicle and the Electric Smart Car. Our opinion is that the
Electric Drive Smart Car would be the best option for cost and compliance with the city's
energy efficient requirements. Many other municipalities use the Smart Car for parking
enforcement such as the City of San Diego and the City of Phoenix. Ace would outfit the
white vehicles with appropriate logos and lighting to make it suited for parking enforcement.
OPTION 1: Electric Smart Car
1
69
�►9
The Smart Cars gets 122 City MGEe and runs for 68 gas-free miles per charge. Ace Parking
will finance the two Parking Enforcement Smart Cars for this operation and amortize the cost
of the vehicles as a monthly operating expense item.
OPTION 2: GEM eS Electric Vehicle
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PALM SPRING
PARKING ENFORCEMENT
A second option for energy efficient vehicles would be the GEM. The GEM e5 2-passenger
electric vehicle with a short back bed has also been widely used for parking enforcement.
Ace Parking will finance the two GEM eS vehicles for this operation and amortize the cost of
the vehicles as a monthly operating expense item.
Ace Parking takes maintenance measures and cleanliness of our vehicles very seriously
because a good first impression is essential to a new operation. Ace employees will be
trained and required to maintain the appearance and cleanliness of the Smart Cars at all
times. At the very minimum, employees will clean the floor and seating surfaces at the end of
each shift.
The mechanical maintenance and storage of the vehicles will be of paramount importance.
All cars will be stored properly in the designated City Yard Facility when not in use. Frequent
mechanical checks will be conducted by our staff and any cause for concern will be reported
to the Smart Car or GEM dealer for a professional assessment. Detailed records of the
maintenance and repairs on each vehicle will be tracked by the On-site Supervisor.
BA CRITICAL ISSUES
A critical issue with the enforcement operation is the manual processes currently in place.
Chalking vehicles takes time and reduces the number of rounds an officer can make during
their shift. A manual process also makes it hard to gauge the officer's performance as it
relates to rounds made in a shift, number of tickets issued and ticket income by officer.
70
Ace would look to resolve this issue by automating the process with the use of License Plate
Recognition (LPR) technology. LPR cameras would be mounted on the roof of each
enforcement vehicle along with the lights. The cameras would then be connected to a central
computer within the vehicle. An image of what the mount would look like is shown below:
Officers could drive down the street and let the cameras register each parker by time stamp.
When the officer drives the route again, the system would update the time for each license
plate and notify the officer when someone is in violation. A report showing how the system
captures parkers and tracks an enforcement officer's route is shown below. The system can
produce additional ticket tracking and employee shift reports as desired.
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The precise timing system illustrated in the report above will allow officers to issue more
citations which will increase revenue to the city. The LPR system is not cheap; but only
needs to generate an increase in fine income of approximately $1,500 per month to break
even. Ace currently uses this system at the San Diego Airport and has realized significant
efficiencies and increased revenue including payroll and overhead savings of$50,000.
In the event that LPR software is not integrated, Ace would recommend putting GPS in each
of the enforcement vehicles. The GPS tracking will allow us to more efficiently report the
enforcement officer's activity by shift. Either option will provide a more detailed tracking
mechanism to ensure the enforcement route is being made in a timely manner and the
greatest number of violations are being captured.
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SECTION QUALIFICATIONS
CA Ace Parking will utilize two parking enforcement officers and one supervisor to cover the two
11.5 hour shifts Monday— Fridayand the 8 hour shift on Saturday and Sundays. Our
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enforcement officers will be able to issue citations, participate in community events and other
parking enforcement programs, maintain street meters and pay machines, respond to
resident complaints, provide customer assistance to the public, report issues with signage
and vandalism, provide reports on work performance and participate in the citation hearing
process if requested.
Bill Huff, On-site Supervisor
Bill Huff is the proposed On-Site Supervisor who will oversee the operation. Bill has direct
experience with parking enforcement including 7 years of enforcement at Palm Springs
Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to
provide fast, effective, first class service to City Parkers and City Officials.
Bill began his career in the United States Air Force. After retiring from the Air Force in 1964,
he joined Arco Products Co. Bill worked for Arco for 33 years holding a number of positions
including Foreman, Head Operator and Products Supervisor. In 1998, Bill joined the parking
industry as a Parking Control Officer. Since then, he has been promoted to Parking
Supervisor and has overseen the operations at the Palm Springs Airport for the last seven
years.
Resume
Bill Huff—Proposed On-Site Supervisor
Work History
Ace Parking Management, Inc. 2006 to Present
Uniquely qualified parking management professional with over 14 years of commercial
parking experience. Experience includes all facets of parking operations to include taxi
starter management, shuttles and traffic enforcement. Expertise includes customer
committed service, budget/forecasting, employee development, customer relations,
revenue controls, automated system operations/integration, policy and procedure.
Parking Supervisor Palm Springs, CA 2006 - Present
Ace Parking
• Manage parking operations at Palm Springs Airport
• Prepare operating reports, conduct audits, and manage accounts payable,
operating expenses, and revenues.
• Oversee training and develop for staff members
Parking Control Officer Palm Springs, CA 1998 - 2006
Standard Parking
• Supervised other parking control officers
• Prepared operating reports, conduct audits, and manage accounts payable,
operating expenses, and revenues.
Arco Products Co. Various Locations 1964 - 1997
Senior Financial Accountant
• Responsible for managing expenses of senior level executives
• Managed budgets, P&L, payroll, revenue expenses, audits, reports, AIR &A/P
13
Education
• Norwest University, Business Degree
• United States Air Force -Veteran
Daniel May, Parking Control Officer
Daniel May will be one of the part-time PCO's who will serve as a city parking enforcer.
Daniel has direct experience with parking enforcement including 3 years of traffic
enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan
Solutions system, and the ability to provide fast, effective, first class service to city parkers
and the city officials.
Resume
Daniel May— Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.
Experience encompasses all facets of parking control including traffic directing and issuing
citations. Expertise includes customer committed service,customer relations, automated
system operations/integration, policy and procedure.
Traffic Enforcement Officer Palm Springs, CA 2010 - Present
Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport
• Inform patrons of curbside policies and issue citations as needed
• Provide superior customer service at all times
Security Officer Palm Springs, CA 2009 -2010
The Sands Regency Hotel & Casino
• Watched over the hotel and casino grounds
• Competent using hotel software programs such as DSR and OPERA
• Utilized proper two-way radio etiquette to communicate with other security
personnel
Education
• United States Navy, 1997—2001
• Covina High School, 1994 -1997
Michael L. Stockmaik, Parking Control Officer
Michael Stockmaik will be one of the part-time PCO's who will serve as a city parking
enforcer. Michael has direct experience with parking enforcement at Palm Springs Airport. He
also has a keen understanding of the Duncan Solutions system, and the ability to provide
fast, effective, first class service to city packers and the city officials.
Resume
Michael L. Stockmaik— Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.
Experience encompasses all facets of parking control including traffic directing and issuing
i4
citations. Expertise includes customer committed service, customer relations, automated
system operations/integration, policy and procedure.
Traffic Enforcement Officer Palm Springs, CA 2013 - Present
Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport
• Inform patrons of curbside policies and issue citations as needed
• Provide superior customer service at all times
Collections Lynwood, WA 2011 — 2012
Receivables Performance Management
• Legal department collections for pre judgments and judgments third party accounts
• Garnishments for all legal related inbound and outbound calls for FDCPA laws
Customer Service Spanaway, WA 2008 - 2011
Fred Meyer Corporation
• Maintained clean appearance of sales floor and retail displays
• Fill and refill all daily promotional items, provide a clean and friendly environment
for customers
• Adhered to all store policies and safety procedures while maintaining the highest
level of customer service
EDUCATION
i
• Woodinville High School Woodinville, WA 1982-1986
Ace Parking is committed to bringing a strong Parking Enforcement team to the City of Palm
Springs. In addition to our on-site operations team, our General Manager of Palm Springs
Parking Operations, Ed Learned will be working with the staff at every level making sure that
the are supported during the transition n
Y pp 9 and that the parking codes and laws are always
being enforced and customers are properly assisted. In addition to Ed, the President of Ace
Parking, Steve Burton will be supporting the team.
C.2 TRAINING PLAN
By the time we hire an employee, we have invested a significant amount of time and
resources into that person. As such, we strive to nurture and develop that employee to the
best of our ability. We understand that proper training goes a long way in terms of
maintaining high morale and reducing employee turnover that is why we developed Ace
AcademyTm. Ace AcademyTA1 is run through social, structured and distance learning such as
e-courses. Training includes but is not limited to expectations on the job, service standards,
safety on the job, familiarity with the work site and city codes and the use of Ace Parking's
proprietary systems and our client's systems.
Parking Enforcement Training:
After completing orientation, each team member receives InMotionl On-The-Job Training
at their job location. For a minimum of five days, a certified trainer will walk the new employee
through their daily roles and responsibilities. The enforcement officer is made familiar with
their work environment and taught the various policies and procedures of their job. In
addition, a special safety training, driver training and radio training are conducted for
enforcement officers.
75
Before Enforcement Officers are allowed to work on their own, they must demonstrate to their
instructor that they are comfortable and confident with the following tasks:
• Executing established methods, practices, and procedures associated with parking
control and enforcement.
• Public contact protocol.
• Procedures and precautions related to safe operation of vehicles and familiarity with
California driving laws.
• Knowledge of assigned patrol areas in the Downtown District.
• Use of two-way radios and proper radio etiquette.
• Observe and report any suspicious looking vehicles or activity.
• Enforce the municipal codes; directs vehicle and pedestrian traffic; provides
information on parking laws to the public.
• Issue citations or warnings for violations of California Vehicle Code provisions and
parking control ordinances such as parking time limits zones, tow away zones,
loading zones and metered parking areas.
• Be able to void incorrect citations and record them appropriately
• Use a vehicle to patrol and to enforce parking laws and regulations.
• Make court appearances as required.
• Report damaged or inoperative traffic control equipment and hazards such as broken
sidewalks and pavement, etc.
• Maintain records and prepare legible reports including logging Daily Activity Reports.
• Place identifying marks on parked vehicles and subsequently checks for these marks
as a means of identifying vehicles that are parked beyond the legal time limit.
• Identifies illegally parked motor vehicles and attaches a warning notice, issues a
citation or impounds the vehicle.
• Report any irregular or hazardous circumstances to the police station by radio.
• Explain parking regulations and provides information to the public; makes and keeps
records and reports of actions taken in the line of duty.
• Build and maintain positive working relationships with coworkers, other City
employees and the public using principles of good customer service.
Personal Safety Training
Employees undergo a brief personal safety training which teaches employees the
following:
- Never jump in front of a moving vehicle to stop it.
- Do not stand behind stopped vehicles. They may not be able to see you if
they back up-
- Be aware of your surroundings at all times.
- Make yourself visible to other drivers.
- Never stand in the way of traffic.
- Always wear a reflective vest
Vehicle Safety & Use
Any employee who drives a vehicle for Ace Parking must complete the following training
on a one-on-one basis with a certified trainer before starting their job. This training
should be conducted throughout an 8-hour shift. Any additional training that a driver
receives is at the discretion of the site manager and certified trainer.
16
The site-specific driver training familiarizes drivers with procedures and safety hazards
at each location. There is a vehicle-specific drivers manual, based on the Vehicle
Operation Manual. Managers, supervisors, or certified trainers review the manual with
the driver before the driver operates a vehicle. In addition, the driver will accompany a
manager, supervisor, or certified trainer on a ride along before operating a vehicle.
Defensive Driving Video
The defensive driving video is a generic training video provided by our insurance
carriers. It is designed to remind drivers of general defensive driving techniques that they
will utilize when operating a company-owned vehicle.
Training Materials
✓ Vehicle Operation Manual
✓ Vehicle Inspection Report
✓ Chubb issued Defensive Driving video
✓ Chubb issued Defensive Driving workbook
✓ "In the event of an accident' kit
Radio Training
Before an Enforcement Officer starts their job they undergo a brief radio training. Every
officer on duty is required to have a two way radio with them at all times. The officer
must learn the following before entering the field:
• How to check to make sure the radio is fully charged and in good working
condition.
• Notify the supervisor if a radio does not work and locate a replacement.
• How to turn the radio on to the designated channel.
• How to set the volume at a comfortable level.
• How to place the radio back in its charger at the end of the shift.
Proper Use:
• Talk across the microphone slanted toward the face about 5 inches away.
• Use a normal voice. Do not shout.
• Make sure the information that you broadcast is correct. Be exact in giving
locations, descriptions, etc.
• Make all conversations short but complete. Do not use the radio as if it were a
telephone. Use proper codes and keep the broadcast simple.
• Speak in a clear distinct voice. Do not mumble, talk in low tones or raise the
pitch of your voice. Do not talk too fast. Use your normal voice.
•, Think before you speak so that your transmission will sound intelligent.
• Refer to all officers and personnel by their call sign or number.
• Keep your composure. Do not display emotion by words or voice inflections that
will reflect excitement, irritation, disgust, or sarcasm. Watch your choice of
i words.
• Be courteous. Monitor your radio before you start transmitting. Make sure no
other person is transmitting.
• Do not break in or disrupt on-going transmissions. Wait for your turn.
• When using the radio, push and hold down the transmit button and wait at least a
second before you speak.
'i 7
Q79
Always identify the person you are trying to reach first and then identify your call
sign before transmitting your message.
1. For example, `Operations, this is PEO 1..."
2. You will then hear.... "This is Operations, Go Ahead..."
3. Then you can transmit your message.
Radio Codes
10-4 Affirmative 10-9 Repeat 10-22 Disregard
10-6 Busy 10-17 Enroute or On the Way10-23 On Scene
10-7 Going off duty 10-20 Location Code 4 All Clear
10-8 On duty 10-21 Telephone Code 7 Lunch Break
Customer Service Training (Semi-Annual Requirement)
Throughout the year, Ace Parking's Training and Development department visits all locations
for mandatory customer service training. Customer service training is also part of our
onboard/orientation procedure. Additionally, many of our clients have site specific or
corporate training programs, which they ask our staff to participate in. Ace Parking welcomes
this at any of our operations. See the Ace AcademyTm Learning and Development
overview below to see all of our customer service training.
Ace AcademyT"" Training, Learning and Development Program
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Ace AcademyTm includes employee development plans for building competencies and social
learning fostered by peer-based learning activities such as coaching, mentoring, and
experiential learning. We utilize a unified Talent Management Model that incorporates a
Learning Management System that enables our managers to gain insights from pipeline
analysis, performance reviews, and succession and career planning to accelerate employee
growth and ensure retention and engagement of top talent.
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Ace Parking Talent Management Model
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Our well-developed program works because we offer a wide variety of learning and training
options needed to accelerate team member adoption. Are AcademyTm drives success and
extends our company's value by using professional Career Coaches who design and deliver
structured curriculum and learning events that include the following:
I. Social Learning — includes discussion, ratings, reviews, and file sharing.
II. Learning Communities—where experts share what they know with new hires and
geographically distant colleagues.
III. Structured Learning Plans —that offer several learning options including Instructor Led
classes and Train the Trainer Programs. The more traditional Instructor Led class allows
team members to benefit from the instruction and technical expertise of the Career
Coaches in a classroom setting. Train the Trainer is a form of independent learning
whereby they are given the tools to learn the coursework and then critiqued by one of
our Career Coaches.
IV. On Demand Courses— In order to engage participants across all regions, we utilize
various technology tools, including: E-Learning though our repository of eLeaming
courses and Mobile learning through the use of Litmos technology which makes course
material accessible to iPhones, iPads, iPod Touch and Android devices.
Our entire curriculum is taught through the prisms of.
• Integrity—What behaviors and characteristics are exhibited in this standard?
• Quality— How does learning improve the quality of service for customers and clients?
• Accountability— How do we measure our outcomes to ensure that we deliver on our
promise and exceed expectations?
Ace AcademyTm Curriculum may be defined as what team members should know, be able to
do, and be committed to (content), how it is taught (instruction), how it is measured
(assessment), and how the Academy system is organized (context). The Ace AcademyTM
model provides information that allows team members to develop new thought processes
that lead to new behavior choices.
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Our steps to Improve and Control the targeted outcomes of Ace AcademyTm begin by
checking to insure our systems of Measurement and Analysis provide consistent information
over time and over a number of trials in order to establish three dimensions of consistency:
• Consistency over time.
• Consistency from team member to team member.
• Consistency of Evaluators.
Ultimately, improvement relies upon a continuous reworking of all of our instructional
components. Diagnostic pre-testing, curriculum design, content standards development,
instructional delivery, rubric development, and assessment pieces are all analyzed on a
regular basis to make sure they are complementary and that the whole is indeed greater than
the sum of the parts.
Ace AcademyTm believes the progressive mastering of learning is not merely a step towards
a symbolic goal (such as a certificate), but is an invaluable part of quality execution of daily
assignments.
so
SECTIONLOCAL
DA Attached below is Ace Parking's current business license from the City of Palm Springs.
Ace Parking is truly a local company. Even before Ace began operating the Palm Springs
Airport's parking in 2005, we were and still remain part of the community. Our owner, Scott
Jones, has a home in the area. The President of Ace Parking, Steve Burton's family has lived
in the area since 1984. We are members of the community.
From a business standpoint, we have done business in the City of Palm Springs since 2005.
We have serviced the citizens of Palm Springs at the Airport. Annually, we interact with
millions of locals at the parking operations and on the roadway at the Airport. We have a
staff of 20 employees and over our tenure have generated nearly $3,000,000 in payroll.
We are a contributing member of the Airport and an important part of why this Airport has
been named the one of the country's most Stress Free Airports. We are proud of our
accomplishment with the Airport and on behalf of the City of Palm Springs.
We have a proven track record of being a good partner to the City. We are really looking
forward to the opportunity to expand on our very good relationship. Please see our City of
Palm Spring Business License below.
Attachment A has been completed and included in Section A.I.
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D.2 Ace has proposed an operations team that is local and has been living and working in the
City of Palm Spring for many years. Each of the proposed staff members' local expertise is
outlined in their resumes in Section C.1.
The Regional Manager, Ed Learned who will support the whole parking enforcement team
has lived and worked for Ace Parking in Palm Spring for the last 2 years. He is currently the
General Manager of the Palm Springs Airport.
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82
SECTION E: COST PROPOSAL
E.1 Ace Parking is committed to developing a long term parking partnership with the City of Palm
Springs. We know that if given the opportunity to manage the parking enforcement, your
parking assets will achieve successful results that will change your thinking about how
parking should be managed in the future. We are prepared to improve every aspect of the
parking operations from, revenue collection to expense controls and customer service.
Part of being a true partner is looking for ways to reduce cost and provide a more efficient
operation. If we identify any ways to save money you can be sure we will bring it to your
attention. Please see Attachment C: Cost Proposal in Envelope # 2.
Inside the sealed, named Envelope #2, there is a second cost proposal which factors in the
LPR technology. Integrating this technology will increase costs but will also increase
efficiency and the revenue from citations.
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83
BASE BID
ATTACHMENT "C"
*THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED
ENVELOPE#2 "Cost Proposal", NOT with Envelope 91, TeahnlcallWork Proposal*)
RE(TUEST FOR PROPOSAL(RFP #04.14)
PARKING ENFORCEMENT SERVICES
COSTPROPOSAL
Responding to Request for Proposal No. 04-14 for Parking Enforcement Services, UWE will
accept as full payment the following specified Itemized Unit Rates Per Hour based on actual
hours of service provided for providing all tabor, supervision, services, materials equipment,
supplles, training, and any other miscellaneous items required to perform the Parking
Enforcement Services. The undersigned Proposer proposes and agrees to provide aiiwork and
services necessary to deliver the Parking Enforcement Services as defined in the Scope of
Worksherein. Note that Hours are ESTIMATED and subject to change by the City.
Rates Per Hour represent the amounts bid to provide the services, and are NOT based' upon
the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all
applicable Federal and State Employment laws, rules and regulations, Invoices shall be
submitted to the City on a Monthly Basis for actual services rendered, not in advarics or
antloipatton'of services"to be rendered" and are payable by the City within 30 days..
Hourly Rates for Regular Schedule:
$ RATE PER x WEEKLY COST PER WEEK
HOUR HOURS
Qnsite Supervisor 7 PC0 $ g 40 $ 1 239.66
Parking Control Officer PCO ' $ 24 $
Parkirig Control Officer PCO)#2 $ 20.50 25 $
WEEKLY TOTAL: $9
ANNUAL COST: (Weekly Total-x 52 weeks. $i3 ,oa .a o
Hourly Rates for Extra Hours, up to 40 Hours Per Week.•
RATE'PER
HOUR
Parking Control Officer PCO
Hourly Rates for Extra Hours,In Excess of 40 Hours Per Week:
$ RATE PER
HOUR
Onsite Supervisor/PCO $ 2K no
Parking Control Officer(PCO) $: 25.00
RFP'404-14 Revised:=6116110
Page 18 of 38
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• Project/Account Manager: Brian Tarbell/Steve Burton
• Oversee transition, training, general operations, provide corporate
support and provide communications to the City of Palm Springs
• Supervisor/Parking Control Officer: Bill Huff
• Will oversee all day-to-day parking enforcement operations and team
• 15+ years of Experience with the City of Palm Springs at the Palm
Springs Airport as a Traffic Enforcement Officer, Parking Control Officer
and Supervisor
• Part Time Parking Control Officer: Daniel May
• Enforce all parking related ordinances, statues and codes as required
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• Service-oriented Organization
• Top-notch customer service to residents & visitors is a requirement
• Ace's Enforcement Team = Extension of the City of Palm Springs
• Cross train PCOs for City and the TEOs at the Airport to be able to do both,
increasing the size of qualified staff
• Consultative Partnership
• In a downtown resort destination, we understand the importance of
proactively managing operations so we can help move cars in and out of
downtown areas to support local businesses
• Training: Our Enforcement Officers are highly trained in Ace's customer service
standards as well as our Ambassador Program
• Accomplishment: Proud to contribute to the Palm Springs International
Airport's designation as TOP 10 LEAST STRESSFUL AIRPORTS
• Recommendation: License Plate Recognition & Real Time Data Reporting
3
OD
Parking Enforcement on Public Streets for a Municipality
• City of Palm Springs International Airport
• 7+ years
• 20 hours per day, 365 days per year
• Write Citations for City and State vehicle codes and TSA regulations
• Parking Management, Traffic Enforcement, Shuttle Service
• Provide monthly reporting on revenue and statistics
• City of Chula Vista
• 5+ years
• Mon — Sat, 9am-6pm / r
• Write citations for City municipal codes cmr OF
• Meter collection, parking law enforcement, customer service CHUTA VISTA
• Provide weekly reporting on revenue and statistics
a
OD
• Handheld Units are similar to cars, all have 4 wheels, engine,
doors. Only real difference is bells & whistles and different
manufacturers
• Ace has experience with different types of handheld ticket
devices in many of our operations. All are very similar in
operation but may be used for different functions
• The Casio IT-9000 is very similar to the AutoCite X3 which we
use at our City of Chula Vista Enforcement operations and all
of our San Diego locations
• Each team member already has experience on other
handheld equipment similar to the Casio IT-9000
• Every team member will be fully trained on the new equipment
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Upon completion of a patrol route/cycle, the PCO will:
• If 3 hours have not passed, the PCO will review the route for
other parking violations and issue as necessary
• Once 3 hours have passed, the PCO will return to the
beginning of the patrol route and observe if any of the vehicles
on the route are in violation
• We will hold our PCOs to a high standard of accountability. All
of their time will be accounted for during the entire shift of work.
• Utilization Reports from Casio IT-9000
• GPS on Vehicles, and possibly on the Casio IT-9000
• Optional: License Plate Recognition
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As mentioned in our proposal, Ace highly recommends
putting in GPS Tracking in all of the Enforcement Vehicles.
• Allows us to more accurately report PCOs activity by shift
• Ensures PCOs are completing the route in a timely
manner
• Ace is capable of including GPS Tracking and Providing
the City's Contract Administrator with direct access to the
data.
EVERY THANK YOU EARNED.
Ace Parking does more than take care of cars.
We take care of people.
We do whatever it takes to earn a "Thank You"
from you and your customers,
day or night, at a moment's notice.
8 ICI
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Ace has a very robust training program focused on customer service and
integrity, which empower our team members to stop, think and make the right
decision. We specifically train our team members on policy and procedure so
they know what steps to follow when a situation arises. For example:
How to manage angry customers during the citation process:
During the citation process, our PCO will stop and listen to the customer. w F
The PCO will then determine how to proceed.
How to manage angry customers after the citation process:
Our team members are trained to always react positively. If our team members
are approached by an angry customer, we will always olitel and
respectfully respond with the information regarding the appeal process. Our
goal is to provide information and positive customer interactions. We also
suggest providing a small handout that explains the appeal process to the
customer to help them go through the steps.
Ace is also willing to follow the City's preferences on this issue.
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Ace's overall approach to parking management follows the "Ambassador" style
of service. At all of our locations, we are acting as ambassadors for our clients,
to the property, the attraction or the City they are visiting. Some of the ways we
will provide an Ambassador-like experience include:
• PCOs will be familiar with streets, attractions and businesses
• PCOs will be able to provide directions to residents and visitors for the
City of Palm Springs
• PCOs will have City information handy to give out to the public, including
information on the citation appeal process
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When issuing a citation and the driver approaches, Ace will stop/pause and listen to the
driver first.
• Ace believes that the citation has been formally issued and the matter is out of our
hands, once the citation is submitted and uploaded to the system. Unless otherwise
directed by the City of Palm Springs, we will then inform the customer of the appeal
process to follow.
• As a general rule, Ace will always issue a citation if it appears that a parking violation
has occurred. It is our understanding that the City of Palm Springs is hiring Ace to
enforce the parking laws, not to determine who is exempt from those laws.
• Ace's team is instructed to notify law enforcement when the PCO feels their personal
safety or safety of others is at risk, when violence is threatened, an angry customer is
blocking a driveway or enforcement vehicle or other instance that keeps our PCOs from
doing their job.
• Ace's team will not give any preferential treatment to anyone, regardless of their stature
in the community, ownership of a downtown business or affiliation with the City or
connection to local officials. All customers are treated with the same respect and will be
informed of the appeals process.
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• Current partner of the City of Palm Springs
• We know the City's expectations and have proved that we can already
live up to them
• Only company that can cross train the PCOs and TEOs from Airport
• Corporate HQ's and Executive Support — only a couple hours away
• Enforcement Experience
• 3,800 metered parking stalls in San Diego
• 5+ years of Parking Enforcement for City of Chula Vista
• 7+ Years at Palm Springs International Airport
• Technology Experience
• Service-oriented Company With Ambassador Approach
• Smooth Transition and Consultative Partnership
12
EXHIBIT"D"
SCHEDULE OF COMPENSATION
I/WE will accept as full payment the following specified Itemized Unit Rates Per Hour based
on actual hours of service provided for providing all labor, supervision, services, materials
equipment, supplies, training, and any other miscellaneous items required to perform the
Parking Enforcement Services. The undersigned Proposer proposes and agrees to provide all
work and services necessary to deliver the Parking Enforcement Services as defined in the
Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City.
Rates Per Hour represent the amounts bid to provide the services, and are NOT based upon
the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all
applicable Federal and State Employment laws, rules and regulations. Invoices shall be
submitted to the City on a Monthly Basis for actual services rendered, not in advance or
anticipation of services "to be rendered" and are payable by the City within 30 days.
Hourly Rates for Reaular Schedule:
$ RATE PER x WEEKLY $ COST PER WEEK
HOUR HOURS
Onsite Supervisor/ PCO $ 30.99 40 $ 1,239.60
Parking Control Officer PCO #1 $ 28.50 24 $ 684.00
Parking Control Officer PCO #2 $ 28.50 25 $ 712.50
WEEKLY TOTAL: 89 $ 2,636.10
ANNUAL COST: (Weekly Total x 52 $ 137,077.20
weeks
Hourly Rates for Extra Hours, up to 40 Hours Per Week:
$ RATE PER
HOUR
Parking Control Officer PCO $ 28.50
Hourly Rates for Extra Hours. in Excess of 40 Hours Per Week:
$ RATE PER
HOUR
Onsite Supervisor/ PCO $ 25.00
Parking Control Officer PCO $ 25.00
97
EXHIBIT"E"
SCHEDULE OF PERFORMANCE
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday
12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.
Please note that these hours and schedule may be modified by the City Manager or the City
Manager's designee at any time with written notice to Contractor.
Enforce the City's downtown, on-street and parking lot parking program. Please note that this
program may be modified at the discretion of the City Manager or the City Manager's designee
at any time.
Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89
hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work
9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work thel1:30 a.m. until 8:30 p.m. shifts
Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.
Monday through Friday or as needed (25 hours), for a total of 89 hours. These hours and
schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be
given a meal break of one (1) hour.
PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed
below:
Operations Methodology: The City strongly believes in customer service, and expects
Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional
manner at all times. Enforcement action is to be carried out in a uniform and fair manner.
Contractor shall not directly or indirectly give any preferential treatment to any person or entity in
the performance of their enforcement duties.
Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action
(i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or
vehicles creating unsafe conditions, record date and time of the patrol, etc.).
Voided Parking Citations: Any citation deemed inappropriate during or immediately following
issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation,
provided the PCO issues a corrected citation. If the PCO determines that the parking citation
should be voided due to an error on the PCO's part and a corrected citation will not be issued,
the PCO shall document and record this action. Voided parking citations will be recorded and
monitored via the citation database. Citation Processing Services are NOT part of the scope of
work for this contract, as the City shall contract for those services separately.
Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and
issue appropriate citations as necessary during their shifts. A PCO must account for all time
and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All
PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty
minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City
JO
Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies
for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).
DOWNTOWN P.C.O. PATROL ROUTE PLAN:
BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road,
make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo.
(Lag time)
(not chalking') Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto
Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.
BEGIN CHALKING on East side of S Indian Canyon (E) heading north to Avenida Grand Via
Valmonte
(Log time)
(not chalking") Turn left onto Avenida Grand Via Valmonte , go to N Palm Canyon and turn right.
BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola
(Log time)
Turn left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and
continue chalking Via Lola heading east back to N Palm Canyon.
(Log time)
Turn right onto North Palm Canyon Dr.
BEGIN CHALKING on the West side of N Palm Canyon (W) heading south to Alejo.
(Log time)
Turn right onto Alejo
BEGIN CHALKING on Alejo Road heading west. Enter and Patrol the City of Palms Springs
Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Rd.
Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm
Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane
BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd
(Log time)
(not chalking") Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian
Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo
Road
S9
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo
Road and exit the structure where you came in on Baristo and turn right.
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking
Baristo back to Indian Canyon Way.
(Log time)
Turn left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd.
(Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue
chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr.
behind "LuLu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way
BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road,
then turn left and enter and Patrol the "Henry Frank" parking lot.
(Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd.
(Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk
Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again
onto Palm Canyon Dr., move to the right lane.
BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd
(Log time)
100
(not chalking") Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right
again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and
Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard".
(Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right
and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.
BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot
(Log time)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a
quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project'
Free Unlimited Parking Lot and Patrol. (this lot is currently surrounded by major construction)
(Log time)
(not chalking") Leave the parking lot at the back (west) exit, turn right onto Museum Drive and
continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd
intersection and past the Amado Center, then turn right into the City of Palm Springs Free
Unlimited Parking behind the "Azul" and 'Blue Coyote" restaurants and Patrol the lot and exit
the way you came in.
(not chalking") Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to
Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then
turn right on Tachevah Dr. and then turn left on Miraleste.
BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr.
(Log time)
This concludes your route.
The PCO will at this point look at his or her watch to determine if three (3) hours have passed.
If not, the PCO may review the route for other parking violations such as color zones or
handicapped violations, etc. If three hours have passed since starting the first chalking rotation,
then the PCO returns to the beginning of the patrol route and observes if any of the vehicles
parked are in violation by the chalk mark put on the tire and writes a citation. Once completing
all citations for the route, the PCO then goes back to the beginning of the route and starts the
chalking / patrol again. This cycle is typically repeated three times per day.
Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on
Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).
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