HomeMy WebLinkAbout05. Approve PSA w-American Guard Services to provide Security Guard Srvcs. in Downtown Downey & City ParksTO: HONORABLE i• AND MEMBERS OF •MANAGER
FROM: 1 OFFICE OF
BY: ALDO E.- SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN
DATE: i
� 1 • •
'MEER"
• - :161TA 101- i
That the City Council approve a Professional Services Agreement with American Guard
Services, Inc., to provide security guard services in Downtown Downey and for city parks and
facilities as determined by the Parks and Recreation Department, in an amount not to exceed
$189,000; and authorize the City Manager to execute any and all amendments to the
agreement.
In April 2019, City staff solicited proposals from qualified security services firms to provide
security guard services for the downtown City -owned parking structure and one -block radius,
which includes the alley from 3rd Street to Firestone Boulevard; in addition to providing on-call
services to City parks and facilities managed by the Parks and Recreation Department. The
Downtown Downey Improvement Association ("DDIA") was also consulted regarding this
procurement.
In response, staff received nine proposals from: Select Patrol Agency, Downey Neighborhood
Patrol, District Private Security, California Panther Security, American Security Force,
Immediate Guard Service, Absolute International Security, Alltech Industries, and American
Guard Services. Upon submittal of the proposals, three city staff members from the Police,
Parks and Recreation and Community Development Departments conducted a review of the
contractors' qualifications and fee schedules. This information was also shared with the DDIA.
The review team then conducted a second review of the RFPs, interviewed, and contacted
references of the short-listed firms.
Upon completion of this solicitation, staff recommends entering into a Professional Services
Agreement ("PSA") with American Guard Services, Inc. ("AGS"), being that AGS demonstrated
to be the most qualified firm. Although AGS did not come in at the lowest hourly rate of those
interviewed (see attachment A), AGS proved to have the ability to provide professional staff,
while delivering the facilities services required of them, enhanced by their 20+ years of providing
security guard services to local municipalities throughout Southern California. AGS' pricing
reflects compliance with California's minimum wage requirements, while also allowing the
company to keep a low employee turnover rate, as compared to other companies in the
industry. Additionally, their national private and public -sector experienced management team
PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN GUARD SERVICES, INC.
TO PROVIDE SECURITY GUARD SERVICES
JULY 9, 2019
PAGE 2
are experts in their field, providing an in-house 24 hour dispatch center, appropriate training to
skilled and professional on-site staff, superb customer service both in the field, and through an
established monitoring and reporting system.
Quality of Life, Infrastructure & Parks
American Guard Services Inc. is proposing to provide security guard services at a "not to
exceed" cost of $189,000 for the downtown City -owned parking structure and one -block radius,
which includes the alley from 3rd Street to Firestone Boulevard; and, on-call services for City
parks and facilities. $100,000 of the "not to exceed amount" has been budgeted in the FY 2019-
20 Community Development General Fund budget, while the remaining $89,000 has been
budgeted in the FY 2019-20 Parks and Recreations Department General Fund budget.
ATTACHMENTS
Attachment A — Hourly Rate Comparison Table
Attachment B — Professional Services Agreement
immediate Guard Service
Hourly Holiday &:
$20.00 $30.00
$21.00 $31.54!
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0
III I I I I III I � I I � I I I 11111 1111rip
Absolute International Security
-jiscal Year Hourly Rate
2019-20201 $20.80
2020-20211 $22.50
Hourly Holiday &
Overtime Rate
$31.20
$33.75
American Guard Services
Hourly Holiday &
Fiscal Year
Hourly Rate Overtime Rate
2019-2020 ',1 $22.24 $31.14
2020-2021 $22.99 $32.19
AGREEMENT
WITH AMERICAN GUARD SERVICES, INC.
En■ `•UIQES
1. PARTIES AND DATE.
This Agreement is made and entered into this 10th day of July, 2019 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and
American Guard Services, Inc., a California Corporation, with its principal place of business
at 1125 West 190th Street, Los Angeles, California 90248 ("Contractor"). City and Contractor
are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
Contractor desires to perform and assume responsibility for the provision of certain
professional Security Guard Patrol services required by City on the terms and conditions set
forth in this Agreement. Contractor represents that it has demonstrated competence and
experience in providing Security Guard Patrol services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render security guard patrol services for
Downtown Downey and the Downtown Parking Structure, on-call Services for City Parks and
Facilities as determined by the Parks and Recreation Department ("Project") as set forth in
this Agreement.
3. TERMS.
..-
3.1.1 General Scooe of Services. Contractor promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Security Guard Patrol services
necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The term of this Agreement shall be from August 1, 2019 to
June 30, 2021, with two (2), two (2) year options to extend the Agreement term in writing
signed by the Contractor and the City Manager, unless earlier terminated as provided herein.
.rlip UNIMT•
3.2.1 Control and Pavment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services under
this Agreement on behalf of Contractor shall also not be employees of City and shall at all
times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
Services under this Agreement and as required by law. Contractor shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
In the event that Contractor or any employee, agent, or subcontractor of Contractor
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CaIPERS as an employee of City, Contractor shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CaIPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Contractor's
performance of the Services.
3.2.3 Conformance to ,applicable ReUirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
2
one or more of such personnel become unavailable, Contractor may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Contractor at the request of the City.
3.2.5 Citv's Representative. The City hereby designates the Director of
Community Development, or his or her designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Contractor shall
not accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 Contractor's Representative. Contractor hereby designates Gerald A.
Gregory, Executive Vice President, or his or her designee, to act as its representative for
the performance of this Agreement ("Contractor's Representative"). Contractor's
Representative shall have full authority to represent and act on behalf of the Contractor for all
purposes under this Agreement. The Contractor's Representative shall supervise and direct
the Services, using his best skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, Contractors and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Emplovees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Contractor shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Contractor's failure to comply with the
standard of care provided for herein. Any employee of the Contractor or its sub -Contractors
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Contractor and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with Services. If the Contractor performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Contractor's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement,
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Contractor shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Contractor shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Contractor, its agents,
representatives, employees or subcontractors. Contractor shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability. Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Contractor owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation : Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) Commercial General Liability (CGL). No less than $2,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form with
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability. No less than $2,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation. Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the City
if City receives written verification that Contractor has no employees.
If the Contractor maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City.
3.2.10.3 Professional Liabilitv (Errors & Omissions). Contractor
shall procure and maintain, and require its sub -consultants to procure and maintain, for a
period of five (5) years following completion of the Services or the Project, errors and
omissions liability insurance appropriate to its profession. Such insurance shall be in an
amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate,
and shall be endorsed to include contractual liability. If the Contractor maintains broader
coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City
requires and shall be entitled to the broader coverage and/or higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms
approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such work,
Services, Project or operations; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Contractor's insurance (at lease as broad as ISO Form CG
20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later
revisions are used).
(B) Waiver of Subrogation. Contractor hereby grants to City a
waiver of any right to subrogation which any insurer of said Contractor may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coveraqe. For any claims related to this
Agreement, the Contractor's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Contractor's insurance and shall not be called upon to contribute with it in
any way.
3.2.10.6 Separation of Insureds, No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. City may
require Contractor to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coveraqe. Contractor shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Contractor's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Contractor
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 !Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed ONE HUNDRED EIGHTY-NINE THOUSAND DOLLARS and
00/100 ($ 189,000.00) within each municipal fiscal year (July 1 — June 30) without written
approval of the City. Extra Work may be authorized, as described below, and if authorized,
said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses.. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager.
3.3.5 Reserved.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Contractor of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Contractor may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Contractor for all services adequately rendered and all reimbursable costs incurred by
Contractor up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
a Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party,
o Suspension of the Project or the Contractor's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause,
Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
American Guard Services, Inc.
1125 W. 190t" Street
Los Angeles, California 90248
Phone: (800) 441-1808
Attn: Gerald A. Gregory, Executive Vice President
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
I3
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & Data: Licensinq of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Contractor under this Agreement ("Documents &
Data"). Contractor shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Contractor represents and warrants that Contractor has the legal right
to license any and all Documents & Data. Contractor makes no such representation and
warranty in regard to Documents & Data which were prepared by design professionals other
than Contractor or provided to Contractor by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Contractor in
connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not, without the prior written consent of City, be used by Contractor for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Contractor which is otherwise known to Contractor or is
generally known, or has become known, to the related industry shall be deemed confidential.
Contractor shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
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3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Contractor shall defend (with
counsel acceptable to City), indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged negligent
acts, errors, omissions or willful misconduct of Contractor, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Contractor shall defend, at Contractor's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, and agents or volunteers.
Contractor shall not be obligated to defend, indemnify or hold the City harmless in any
manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
3.5.6.2 Desi n Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Contractor is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Contractor is a "design professional"
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and
2782.6), Contractor shall defend (with legal counsel reasonably acceptable to City), indemnify
and hold harmless City and City's officers, officials, employees, volunteers and agents from
and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in
whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any
11
subconsultant, subcontractor or any other person directly or indirectly employed by them, or
any person that any of them control, arising out of Contractor's performance of any task or
service for or on behalf of City under this Agreement. Such obligations to defend, hold
harmless and indemnify City or any City officers, officials, employees or volunteers shall not
apply to the extent that such Claims are caused in part by the sole active negligence or willful
misconduct of City or such City officers, officials, employees, volunteers and agents.
Contractor's cost to defend City and/or City's officers, officials, employees or volunteers
against any such Claim shall not exceed Contractor's proportionate percentage of fault with
respect to that Claim; however, pursuant to Civil Code section 2782.8(x), in the event that
one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, Contractor shall meet and confer with City (and, if applicable,
other parties) regarding any unpaid defense costs. To the extent Contractor has a duty to
indemnify City or any City officers, officials, employees, volunteers and/or agents under this
subdivision 3.5.6.2, Contractor shall be responsible for all incidental and consequential
damages resulting directly or indirectly, in whole or in part, from Contractor's negligence,
recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing. Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Hight to Emolov Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.11 Successors and Assipns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction: References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Contractor include all personnel, employees,
agents, and subcontractors of Contractor, except as otherwise specified in this Agreement.
12
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment, Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Ecual Oovortunity Emlo meat. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Contractor shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
IN
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Contractor shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Contractor shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
14
CITY OF DOWNEY,
a California municipal corporation
and charter city
By:
Mayor
Attest
City Clerk
Approved as to Form:
tt.rney
0119.123859
American Guard Services Inc.,
a California Corporation
voy:
jts: "' Executivd Vice President
Attest
Sherif Assal
Secretary
Approve 0
Leg�, oun el
15
EXHIBIT "A"
SCOPE OF SERVICES
DAILY PROCEDURES
Patrolling
Community Development Department
This City Department is in need of Security guard patrol services in Downtown Downey. The security
guard(s) shall continually patrol the Downtown Downey core area as follows: starting at the parking
structure (all levels), east on Third Street, south through the public parking parallel and just east of
Downey Avenue to Second Street, west to Downey Avenue, south on Downey Avenue to Firestone
Boulevard, Firestone Boulevard west to La Reina Avenue and back to the parking structure; a
minimum of four (4) full patrolling rounds should be done per hour. These patrol rounds are made up
of looping the designated area, scanning in at designated points, and patrolling the outskirts, public
sidewalks and area surrounding the parking structure (see map below). Patrolling is defined as a
combination of guarding with the use of a type of bicycle, cart and/or on foot.*
* Schedule is to be determined by the Community Development Department.
In addition to patrolling, security guard(s) shall assist in the enforcement of the Downey Municipal
Code, including but not limited to, loitering, graffiti, parking regulations, maintenance, etc.
Parks and Recreation Department
This City Park and Recreation Department has various security guard patrol needs, as follows:
a. Rio Hondo Golf Course: 10627 Old River School Road
i. Patrol golf course parking lot to deter crime;
ii. Call the Downey Police Department to respond to suspicious activity or crimes in
progress;
iii. Assist golf course staff with agitated patrons as needed/requested by staff;
iv. Assist golf course staff in enforcing course policies as directed by staff; and,
V. Security Schedule:
i. Wednesday— Saturday: 3 — 7 p.m.
ii. Sunday —Tuesday: 1 — 5 p.m.
* Golf Course to provide golf cart for security guard to utilize for patrol.
** Schedule: Flexibility in schedule is needed, as times are subject to change based on season
and operations.
b. Transit Depot: 8150 Nance Street
i. Patrol transit depot to deter crime and provide security for buses;
ii. Call the Downey Police Department to respond to suspicious activity or crimes in
progress;
iii. Assist staff with agitated patrons as needed/requested by staff; and,
iv. Schedule: Monday — Friday: 12 — 4 p.m.
c. Barbara J. Riley Community & Senior Center: 7810 Quill Drive
i. Provide security for reservation groups of 100+;
ii. Enforce center reservation policies;
iii. Assist staff with agitated patrons as needed/requested by staff; and,
iv. Call the Downey Police Department to respond to suspicious activity or crimes in
progress.
* Schedule: as needed for reservations.
d. Downey Theatre: 8435 Firestone Boulevard
i. Number of guards will vary, based on activities and events;
ii. Enforce boundaries of beer/wine garden;
iii. Act as ushers inside theatre and enforce theatre policies;
iv. Secure areas to restrict public access; and,
V. Security Schedule: as needed for events.
* Schedule: Flexibility in schedule is needed, as times are subject to change, based on season
and operations.
I§1
** Security Supervisor to be available to meet with City Supervisor as requested.
e. Various parks on an as needed basis
i. Patrol park(s) to deter crime;
Call the Downey Police Department to respond to suspicious activity or crimes in
progress;
iii. Assist staff with agitated patrons as needed/requested by staff; and,
iv. Assist staff in enforcing park policies as directed by staff.
* Schedule: To be requested on an as needed basis.
** Security guards to dress in dress attire (slacks, shirt, and jacket),
G. Special Events
i. Number of guards will vary, based on activities and events;
ii. Enforce boundaries of beer/wine garden;
iii. Secure areas to restrict public access; and,
iv. Overnight security of equipment.
* Schedule: as needed for events.
Scanning
In addition to securing the premises, Contractor will provide the City with a scanning system (i.e.,
Detex, etc.) at designated areas in the Downtown Downey core area and parking structure and as
needed and designated by the Parks and Recreation Department. This system is to ensure
continuous patrolling. Security guard(s) are to scan in at each point on every patrol round. Designated
areas for the location of scanning labels are to be defined by the Contractor and City once a contract
has been established.
Security guard(s) are to scan in at each point on every patrol round. An electronic report of weekly
scans will be emailed every Friday to the City's Director of Community Development by
5:00 p.m.
Security must have access to a type of communication system such as 2 -way radio, cellular phone,
etc. This is to make emergency and non -emergency calls, keep in communication with headquarters,
and to be easily contacted by City staff when necessary.
Contact Information
Police Emergency: 911
Police Emergency Dispatch: (562) 904-2363
Police Non -Emergency: (562) 904-2319
Fire Non -Emergency Dispatch: (562) 904-7313
Community Development: (562) 904-7152
Schedule
A weekly schedule will be established by the Contractor and City once a contract and fee schedule
has been established.
Contractor shall furnish all labor, equipment, uniforms, and transportation; establish and
maintain an accurate timekeeping and payroll system to ensure that personnel are paid in
accordance with the contract. Contractor will provide an electronic guard tour verification
system. Contractor is required to maintain insurance as outlined in the agreement, including two
(2) years following the cancellation or termination of the agreement with the City. Contractor will
supply, at its expense, all required equipment (uniforms, equipment, vehicles).
2. Contractor shall maintain adequate staff to assure that all posts are covered according to the
post assignments. No post shall ever go dark due to lack of manpower.
3. Contractor is prohibited from requiring its officers to sign any 'Non -Compete' documentation that
would prohibit the officers from staying at the City in the event of a contract change over.
4. Contractor employees shall not reproduce, transmit or remove records, files, documents,
drawings related to the City's business without the written consent of the City, and shall not
disclose to any persons, or another business entity, any information obtained from a direct or
indirect conversation without the written approval of the City. Contractor shall hold all such
information in trust and confidence for the City.
5. Contractor shall comply with the Immigration Reform and Control Act of 1986 (IBCA). All
employees assigned to this agreement shall have had their identity and eligibility for work
properly verified by the Contractor.
6. Contractor employees shall meet high standards of appearance and demeanor, and shall at all
times treat employees and visitors of the City with the utmost courtesy and respect. No person
shall be employed for this work that is found to be incompetent, disorderly, troublesome, under
the influence of alcohol or drugs or otherwise objectionable.
7. Contractor shall ensure that all logs, incident, and daily reports shall be submitted to The City
in accordance with the schedule set by the City's Representative . Contractor shall notify the
City of hazards, safety violations or other conditions that pose an unsafe condition.
8. Contractor will establish and maintain, for the duration of the Agreement, all required basic and
annual training programs.
9. The City's Representative may request additional security services for the protection of a
specific location, equipment, material, or person within the City's service area.
10. In the event the City determines a situation is an emergency, within eight (8) hours Contractor
shall be required to provide additional officers equal to 50 percent of the regular staff and any
additional personnel as requested. All Security Officers provided under this situation shall
present documentation verifying the minimum certifications, licenses, and training. In the
event the Contractor cannot provide the requested Security Officers in the time limits specified,
the Contractor may use a licensed Security Guard Contractor to subcontract for the officers.
The City reserves the right to verify the license, certifications and qualification of any sub -
Contractor and any assigned Security Officer. In the event the Contractor cannot provide the
requested Security Officers, the City reserves the right to enter into an agreement with another
Contractor to provide the additional Security Officers and charge Contractor for the expenses
of the sub- Contractor.
Daily Activity Report: This daily report shall be completed by each Security Officer showing a
summary of incidents for the 24-hour reporting period.
!Meekly Retaort: This weekly report shall provide a summary of hours of service, number and rank of
personnel involved in providing that service, critical incidents, training, problem areas, and any other
information that would clearly identify the quality of service provided by Contractor.
Security Notice or Courtesy -Report: This report is to be used by all Contractor personnel to advise
The CITY of potential security concerns. This form is integral to security operations as a way of
keeping the CITY managers and supervisors informed of these areas.
:7�7�L�T� F� iii _�T[1117
Contractor shall provide an Operations Manual for the City facilities that include post orders,
emergency procedures, shift duties and job descriptions, operating instructions for equipment and
administrative policies and procedures. Administrative procedures shall include audit and inspection
conduct, pre-employment, incident and administrative investigations, contingency planning for natural,
technological, and crime -related threats, liaison and coordination with public safety and emergency
service organizations, facility access control, and patrol of the City's properties. A draft operation
manual will be due 30 days after execution of this agreement for review and comment by the City's
Representative . A final report will be due no later than 60 days after execution of this agreement.
Contractor shall staff each service area as indicated on the post assignments with personnel of the
following ranks: Security Officer, Supervisor, and Manager who shall provide the following services:
a) Provide security for the City, and its employees and visitors. Enforce control over removal of the
CITY property, documents or any vital material as identified by the City.
b) Respond to all alarm conditions to investigate and report. Make notification(s) as necessary,
summons and assist emergency personnel, and conduct emergency evacuations.
c) Respond to incidents and take reports. Security Officers are to observe and report and
provide assistance in security and/or safety related situations. Security Officers shall collect
reports, record statements, take photographs, and make notifications and safeguard evidence
and the crime scene.
d) Summon and cooperate with and assist law enforcement agencies in connection with crimes
committed against the City, including safeguarding the scene of a crime to protect possible
evidence.
e) Perform general duties as specified in the Operations Manual and perform any additional duties
as requested, in writing or via email, from authorized requestors.
D Certify and maintain all training requirements as required by the City.
g) Ensure that all personnel are aware of federal, state, and municipal laws governing or potentially
involving officers assigned to the City. Officers shall be required to understand laws relative to
questioning, detaining, search and arrest. Officers should be trained in Avoiding Sexual
Harassment, Workplace Violence Awareness, and Basic Hazardous Materials Awareness.
Contractor shall maintain manpower levels capable of meeting the call-back requirements without
regard to riot, war, the enactment, issuance or operation of any municipal, county, state or federal law,
ordinance or executive, administrative or judicial regulation, order or decree, or any local or national
emergency, or any other similar cause outside of the control of Contractor.
Contractor shall be responsible for maintaining satisfactory standards of employee competency,
conduct, appearance, integrity, and shall be responsible for taking disciplinary action with respect to its
employees. The City reserves the right to initiate an action, up to and including criminal prosecution,
against Contractor personnel should such personnel create or cause to occur any loss or harm to the
City's personnel or property.
Contractor shall submit a Letter of Affidavit for each person assigned to the City certifying that the
individual does not have a criminal history, possesses a valid California driver's license, valid guard
registration issued by the State of California and has met all the hiring and training requirements.
Contractor employees, before starting an assignment at the City, shall pass a drug test, IRCA testing
requirements, possess a valid Social Security card, pass all criminal history checks including felonies,
misdemeanor convictions for drugs and alcohol, convictions for violence or hate related crimes,
reckless driving, or driving while under the influence of alcohol or drugs.
The City reserves the right to refuse the assignment of any Contractor employee it determines will
create a liability for the City.
DUTIES AND RESPONSIBILITIES
Project Manager
This will be a full time position to the City and shall administer the Agreement on behalf of the
Contractor, and shall be the liaison between the Contractor and the City, and meet with the City's
Representative as specified by the City. The Project Manager shall be responsible for coordinating
officer scheduling, production and updating the Operations Manual, officer disciplinary action, and
other special assignments as directed by the City.
Supervisor
Under the direction of the Project Manager, this position is responsible for directing and supervising
the Security Officers assigned during its work shift in ensuring the security of the building or facilities
under their control and responsibility. Supervisors shall assign and deploy security staff, direct
responses to emergencies and incidents, and initiate emergency notifications. Supervisors shall
randomly inspect each officer and evaluate each officer assigned during their shift to work at all
facilities, and shall inspect and certify the proper operating condition of all patrol vehicles assigned
within their areas of responsibility. Supervisors shall also be responsible for the operation and
monitoring of a Security Control System Console that may include: Access Control System
monitoring and operation, alarm system monitoring and operation; video monitoring/surveillance
system monitoring and operation; communications system monitoring and operation and fire system
monitoring and operations. Personnel occupying this position must be familiar with the operation of
such systems as named above, and by demonstration upon application have a working knowledge of
basic computer operations, including using programs designed for transmitting and receiving
electronic mail and messages, word processing, spread sheets, and library type files.
Security Officer
Under direct supervision, provide physical security for the City assets and personnel through
patrolling, access and property control hazard identification and reporting, emergency response,
building emergency evacuation and the enforcement of the City's Security Policies and Procedures.
General duties include escorting, visitors' assistance and identification, lock and unlock assignments,
alarm investigation, crowd and traffic control, and assisting in emergency evacuation and drills.
SELECTION REQUIREMENTS
Contractor personnel shall meet the following minimum requirements before being assigned to the
City:
a) Possess a valid hard guard registration issued by the State of California. A temporary card is
not acceptable.
b) Proof of IBCA eligibility, e.g., Social Security card and green card.
c) Acceptable comprehensive background check relative to criminal history, driving record, and
verification of experience, including drug screening.
d) Valid California Motor Vehicle Operators License.
e) One (1) year of experience in security, customer service, loss control, emergency services,
public safety, military service or other related fields.
f) Valid First Aid and CPR certifications.
g) Have a high school diploma or equivalent.
TRAINING
Basic Training
Contractor shall, within 30 days following award of an agreement, certify to the City's Representative
as to the satisfactory completion of Basic Training of each of its employees assigned to the City.
Basic training shall be completed by the Contractor prior to assignment. Required training for all
Security Officers shall include the following:
a) Orientation: To include the Contractor's Security Program, organizational protocols,
public relations, deportment and appearance, reporting and note taking, hazardous
materials orientation, review of duties and responsibilities, emergency response
overview, and incident reporting and investigation.
b) Access Control and CCTV Systems (as made available by the City): Proper methods of
identifying and verifying employees and visitors.
C) Reporting: Types of reports used by the Contractor, where these reports are sent and
why they are necessary.
d) Legal powers and limitation: California Penal Code, use of force, search and seizure,
arrest powers. Observation and Patrol: Patrol procedures, crime prevention principles,
inspections, and liaison with law enforcement officials.
e) Emergency Response: Bomb, contamination and terrorist threats, fire safety and
evacuation, procedures during earthquakes, and medical emergencies.
f) Communications Systems: the Contractor and allied radio systems, the Contractor
telephone system, and telephone etiquette.
g) Traffic Control and Parking: Access control for vehicles, vehicle identification, and on-
site parking control.
h) Report Writing: Basic report writing techniques.
i) Plus additional training as required.
PRE -ASSIGNMENT SITE ORIENTATION
Security Officer will not be allowed to perform in a regularly scheduled position without a minimum of
eight (8) hours of direct supervision and instruction on any post. A Supervisor or Project Manager
must evaluate the performance of any Officer and certify as to their suitability for assignment prior to
any regular scheduled work.
Contractor shall maintain personnel files on each Security Officer assigned to the City. Each file shall
include proof or documentation of employee having met all employment requirements, initial training,
basic and annual training, annual performance evaluations, special training for officer level and
assignment, e.g., attendance records, disciplinary records, and certification of CPR and First Aid
approved training (within the first 30 days of assignment), etc., and shall be made available to the City
as necessary.
The City shall inspect and test all services, equipment or materials furnished or utilized in the
performance of services. Such inspections and testing will be conducted in a manner so as not to
unduly interfere with Contractor ability to carry out its responsibilities. Should the City determine that
services and/or equipment or materials used by the Contractor are not satisfactory, the City shall
inform Contractor in writing and require Contractor to take immediate action to bring such matters into
compliance with the terms of the agreement.
3. Should Contractor fail to make the necessary changes to comply with the requirements of
performance standards, the City may elect to procure or furnish services and charge Contractor for
any cost that is directly related to this issue, or terminate the agreement.
4. A thorough review of performance will be conducted and documented annually for each
Security Officer. Each Officer must demonstrate a working knowledge via a written examination
and/or observation by the supervisor, in the following areas:
a) Emergency response plans, bomb threats and fire/safety evacuation plans.
b) All systems, checkpoints, and conditions of normalcy associated with roving rounds.
C) The responsibilities associated with after -hour employee escorts to parking facilities.
d) Access control procedures as they apply to field locations and office buildings as
necessary.
e) The duties and responsibilities as outlined in their job description.
f) Submit written reports, which are grammatically correct and able to be presented for
management and/or potential litigation review.
g) Each entry level and experienced Security Officer shall demonstrate the ability to
maintain those skills necessary to ensure initial hiring under this contract.
5. Every regularly assigned Security Officer (those with more than 90 days assignment to the
City) shall demonstrate, via examination, on-site observation by their supervisor and actual
performance, the ability to:
a) Respond and control emergency situations, as defined within the scope of their
responsibility.
b) Work effectively with law enforcement, fire safety, or other emergency service agencies
who may respond to an unusual occurrence at any of the City's facilities.
C) Perform in accordance with the objectives as set forth for all entry level Security Officer
and shall adhere to the duties and responsibilities.
Every supervisor and manager shall maintain up-to-date knowledge and skills necessary to perform
their duties. Supervisors are expected to conduct inspections and testing to ensure compliance with
the requirements of the agreement. Supervisors shall visit posted officers to be sure that they
understand the requirements of the post and to observe the implementation of those requirements.
Supervisors are also expected to periodically perform their own assessment of security and
hazardous conditions in addition to patrols made by their assigned personnel.
a) Meet each of the performance objectives as outlined for all security levels as stated
above.
b) The ability to train and serve as a positive role model for security officers in meeting the
requirements of this assignment.
C) The ability to ensure compliance with the rules, regulations, duties and responsibilities by
each subordinate officer assigned to this contract.
d) The ability to assist in the orientation and training of new and experienced officers
assigned to this contract.
The ability to provide assistance and guidance to all Security Officers on matters of policy and
operating procedures and personnel matters by; advising subordinates of changes in procedures;
informing the City of questions, concerns or matters requiring further clarification and direction;
scheduling personnel to meet post assignments under normal and emergency conditions; providing
accurate time and attendance data for Contractor payroll system; and providing documentation of all
training to the City's Representative.
UNIFORMS/EQUIPMENT/VEHICLES
Contractor shall supply each security officer with complete uniforms at no cost to Contractor employee.
Contractor personnel shall wear the security badge of the firm for whom they work, along with a
nameplate. Dress uniforms shall be of a color and style that easily distinguishes the security officers
from any police personnel. Uniforms worn by Contractor personnel shall have patches, and other
insignia approved by the City. Patches shall be worn on the shoulders of dress and field uniforms and
on any headgear.
Supervisors will monitor the cleanliness and serviceability of officer uniforms.
Contractor shall provide a bicycle or other form of transportation, for mobility throughout the downtown
core and parking structure.
a) Equipment: Contractor shall provide the necessary equipment such as flashlights,
clipboards, reflective vests, hand-held radios/cellular phones, and other equipment as
approved by the City.
b) Firearms: Contractor personnel assigned to this contract are not authorized to carry or
have firearms in their possession.
All bicycles, radios, and other required equipment shall be maintained in good working order
throughout the length of the contract, and shall be replaced when it is deemed necessary by the City.
10
REM331M
Year Personnel ersonne
Year 1 Unarmed security officer
Year 2
Unarmed security officer
Year 3
Unarmed security officer
Year 4
Unarmed security officer
Year 5
Unarmed security officer
Year 6
Unarmed security officer
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Fourth of July
6. Labor Day
7. Veteran's Day
8. Thanksgiving
9. Christmas
Hourly rates
22.24
22.99
23.74
24.49
25.24
25.99
7tr7ro NOT
$ 31.14
32.19
33.24
34.29
35.34
36.39