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C. {
AGREEMENT
'TH
THIS AGREEMENT, dated for purposes of identification only this * ^ day of ~~ , 2015, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
G4S SECURE SOLUTIONS (USA) INC., a Florida Corporation, hereinafter referred to as "CONTRACTOR.”
ANAHEIM and CONTRACTOR are sometimes individually referred to herein as "Party" and collectively as "Parties."
WITNESSETH:
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM has a need for routine security guard services; and WHEREAS, ANAHEIM desires to engage CONTRACTOR to provide unarmed, uniformed guard services for various areas (as directed by the ANAHEIM) in the City of Anaheim on a scheduled and an as-needed basis, as more particularly described in the Specifications and Scope of Work—Guard Services ("Scope of Work") attached hereto as Exhibit A and incorporated herein by this reference ("Project"); and WHEREAS, CONTRACTOR possesses the skill, experience, ability, background, and knowledge to provide the services for the Project as described in this Agreement; and WHEREAS, ANAHEIM has solicited and received a proposal from CONTRACTOR, in response to RFP, has reviewed the previous experience and evaluated the expertise of CONTRACTOR, and desires to retain CONTRACTOR to render services under the terms and conditions set forth in this Agreement.
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28 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SERVICES TO BE PROVIDED BY CONTRACTOR
In compliance with all of the terms and conditions of this Agreement, CONTRACTOR shall provide to ANAHEIM ali labor, materials, tools, equipment, services, permits, transportation and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services") as more fully described in the Specification and Scope of Work attached hereto as Exhibit "A" and incorporated herein and also as more fully identified in the KPI’s attached hereto as Exhibit "E” and incorporated herein.
ANAHEIM may delete certain tasks from the Scope of Work at its sole discretion. Failure of the CONTRACTOR to meet the outlined Specifications and Scope of Work as referred to in Exhibits A and E respectively, may result in the imposition of liquidated damages.
2. TERM
The term of this Agreement shall commence on A*- 2015, and shall terminate three years thereafter (June 30, 2018), unless terminated earlier as set forth herein ("Initial Term"). The term of this Agreement may be extended for four (4) additional one (1) year terms ("Renewal Term”) with the extensions to commence upon the expiration of the Initial Term or any Renewal Term, if ANAHEIM notifies CONTRACTOR in writing at least ten (10) days before the end of the Initial Term or any Renewal Term, of its intent to extend this Agreement (hereinafter the phrases ’’Initial Term" and "Renewal Term," if any, shall be collectively referred to as the "Term").
3. TIME OF PERFORMANCE
Time is of the essence in the performance of the Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONTRACTOR to perform the Services in a diligent and timely manner may result in termination of the Agreement by ANAHEIM.
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28 4. COMPENSATION
4.1 ANAHEIM shall pay CONTRACTOR for the Services rendered pursuant to this Agreement in accordance with this Section and the Schedule of Compensation attached hereto as Exhibit B, which is incorporated herein by this reference. CONTRACTOR and ANAHEIM agree that no changes to the billing rates set forth in Exhibit B shall be made during the term of this Agreement without the prior written authorization of the Director of Public Works or designee. Provided, however, following receipt of written notice from CONTRACTOR, rates shall be adjusted to recover any change in costs mandated by law, including but not limited to licensing fees, Federal Insurance Contribution Act (F1CA), Federal Unemployment Tax Act (FUTA), State Unemployment Insurance (SUI), Worker’s Compensation, Collective Bargaining Agreements, regulatory costs associated with compliance with the Patient Protection and Affordable Care Act (PPACA), and/or Federal or State minimum wage laws. In addition, these rates may be adjusted each subsequent November 1 for any- increased costs for medical insurance premiums, participation rates or both. CITY shall only reimburse CONTRACTOR for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by the Director of Public Works or designee.
4.2 It is understood by and agreed between the parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, ail labor, materials, equipment, permits, transportation, subcontractor fees, and reimbursable items, if any, shall not exceed the amount of Seven Hundred Fifty Two Thousand, Five Hundred Fifty Three and no/100 Dollars ($752,553.00) per year ("Contract Amount”) during the Term of this agreement unless otherwise agreed in writing.
4.3 The Director of Public Works or designee is authorized to approve additional expenditures not to exceed fifteen percent (15%) of the Contract Amount for Extra Work not included in the Scope of Work, if the Director of Public Works or designee determines, in his/her sole discretion, (i) additional product or services of a like nature that were not foreseen by the using department at the time of bid are required by the CITY; (ii) budget appropriations are available; and (iii) in the professional opinion of the Director of Public Works or designee, it 3 CITY OF ANAHEIM
200 S ANAHEIM BOULEVARD. SUITE 356
ANAHEIM. CA 92805
(714)765-5169
FAX (714) 765-5123
I is in the City's best interest to do so.
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28 .01 In no event shall CONTRACTOR render Extra Work beyond the scope of this Agreement without the authorization of the Director of Public Works or designee. .02 All Extra Work approved in writing by the Director of Public Works or designee shall be billed at the rates set forth in Exhibit B. .03 Except for the authority granted the Director of Public Works or designee, as specifically provided in Section 4.3 hereof, no additional Services or Extra Work beyond the scope of this Agreement shall be rendered by CONTRACTOR unless the Extra Work is first approved by written amendment of this Agreement. .04 As used herein, "Extra Work" means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Work and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
4.4 CONTRACTOR shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONTRACTOR'S bills shall include the name of the person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Work to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay CONTRACTOR no later than thirty (30) days after receipt and approval of the monthly invoice.
4.5 AH Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, services provided, monies paid and 4 1
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28 monies due.
4.6 For any Renewal Term, the Public Works Director or designee and CONTRACTOR shall negotiate and agree upon any adjustment to the Contract Amount and the billing rates set forth in the Schedule of Compensation, prior to any Renewal Term. With the exception of modifications made pursuant to section 4.1, modification to the Contract Amount or the billing rates set forth in the Schedule of Compensation during any Renewal Term shall not exceed the change in the most recent available 12-month period for the Los Angeles-Riverside- Orange County, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage Earners and Clerical Workers for labor.
4.7 For any Renewal Term, the Director of Public Works or designee and CONTRACTOR shall negotiate and agree upon any adjustment to the Contract Amount and the billing rates set forth in Exhibit B, prior to any Renewal Term. Any modification to the Contract Amount or the billing rates set forth in Exhibit B during any Renewal Term shall not exceed the maximum set forth in the Schedule of Compensation.
5. PROJECT MANAGER
5.1 CONTRACTOR shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement, it is expressly understood that the experience, knowledge, capability and reputation of the Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the Project Manager shall be responsible during the Term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the provision of Services hereunder. The Project Manager may not be changed by CONTRACTOR. In the event that the designated Project Manager is no longer available to perform duties in relation to the Project due to death, illness, termination, or resignation, the parties will mutually agree to a new Project Manager, no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of the Director Public Works or designee.
5.2 Any personnel or subcontractor, if any, who fail or refuse to perform the 5 1
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28 Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, 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 CONTRACTOR at the request of the Director of Public Works or designee.
CONTRACTOR warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
The following employees of ANAHEIM shall be authorized to take the following actions pursuant to this Agreement:
(i) The Director of Public Works or designee is authorized to take any and all actions on behalf of the City of Anaheim set forth herein and to terminate the Services in accordance with Section 21 of this Agreement.
(ii) Fleet & Facility Services Manager shall be the Contract Administrator.
The Contract Administrator is authorized to take those specific actions set forth herein and to review and approve all Services performed by CONTRACTOR under this Agreement. The Contract Administrator shall not be authorized to approve Extra Work, change prices or billing rates, or terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 As a material inducement to ANAHEIM entering into this Agreement, CONTRACTOR represents and warrants that CONTRACTOR is a provider of first class work and services and is experienced in performing the work and the Services contemplated herein and, in light of such status and experience, CONTRACTOR covenants that it shall follow the highest professional standards in performing the work and Services required hereunder and that all work will be of good quality. CONTRACTOR further warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
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7.2 CONTRACTOR represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of CONTRACTOR. CONTRACTOR shall maintain a City of Anaheim business license during the term of this Agreement.
8. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR represents and warrants that CONTRACTOR: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the provision of the Services or as represented by ANAHEIM, CONTRACTOR shall immediately inform ANAHEIM of such fact and shall not perform any Extra Work without the approval of the Director of Public Works or designee and written amendment of this Agreement.
9. INDEPENDENT CONTRACTOR
9.1 Except as expressly provided herein, ANAHEIM, nor any of its employees, shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the Services required herein. Except as expressly provided herein, ANAHEIM 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 perform all Services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligations as are consistent with that role.
CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venturer or a member of any joint enterprise with CONTRACTOR.
OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD. SUITE 356
ANAHEIM, CA 92805
(714)765-5169
FAX (714) 765-5123
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28 9.2 In consideration for the compensation paid to CONTRACTOR by ANAHEIM, CONTRACTOR agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and CONTRACTOR agrees that it shall not sue or file a claim, petition or application therefor against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
10.1 Without limiting ANAHEIM’s right to indemnification, it is agreed that CONTRACTOR shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
.01 Workers' Compensation Insurance as required by California statutes and Employers Liability in an amount not less than $1,000,000 per occurrence. .02 Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis (i.e., without a seif-insured retention), but may include a deductible of not more than $5,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. .03 Comprehensive Automobile Liability Coverage including - as applicable - owned non-owned and hired autos, in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit.
10.2 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: "This insurance shall not be cancelled, or limited in scope or coverage, until written notice in accordance with policy provisions has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days’ notice."
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28 10.3 Each insurance policy required by this Agreement, except policies for Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
.01 "It is agreed that any insurance maintained by CONTRACTOR pursuant to this Agreement shail be primary to any insurance or self-insurance maintained by the City of Anaheim."
.02 "The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers are added as additional insureds as respects the negligent acts, intentional misconduct, and omissions on behalf of, the named insured, in regard to products supplied, or work or services performed for, or related to, the City of Anaheim."
10.4 Prior to commencing any work under this Agreement, CONTRACTOR shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, including the applicable clauses and/or provisions referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONTRACTOR shall provide ANAHEIM: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise provided for in said insurance policies. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by ANAHEIM, it shall be CONTRACTOR'S responsibility to see that ANAHEIM receives documentation acceptable to ANAHEIM which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California and (ii) possessing an A. M. Best rating of A VII or higher; or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have 9 1
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coverage under any of the insurance required herein, then ANAHEIM has the right to review within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONTRACTOR shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
10.5 In addition to other remedies ANAHEIM may have if CONTRACTOR fails to maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof; or .02 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONTRACTOR'S failure to maintain insurance or secure appropriate endorsements.
10.6 Nothing contained in this Insurance Section shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’S, (or CONTRACTOR'S contractors/subcontractor, if any) performance of the work covered under this Agreement.
11. INDEMNIFICATION
11.1 To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend (at ANAHElM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with CONTRACTOR'S (or CONTRACTOR'S employees', contractors' or subcontractors', if any): (i) acts, errors, or omissions; (ii) performance or failure to perform; (iii) goods or services provided; or (iv) work performed by, or on behalf of, CONTRACTOR, relative to this Agreement; except for those Claims which arise out of the sole 0 1
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28 negligence or willful misconduct of ANAHEIM.
11.2 The obligations set forth in Section 11.1: (i) shall be in effect without regard to whether or not ANAHEIM, CONTRACTOR, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
11.3 Notwithstanding the foregoing, Contractor shall have no obligation to indemnify Anaheim for acts performed pursuant to the mutually agreed Post Orders or acts performed pursuant to verbal or written direction from Anaheim. CONTRACTOR'S indemnity obligation will be limited to claims arising out of CONTRACTOR’S negligent acts or intentional misconducts.
12. RESPONSIBILITY FOR DAMAGES OR INJURY
12.1 ANAHEIM and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of CONTRACTOR'S performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by CONTRACTOR, or its subcontractors, or its employees/workers, or anyone employed by either of them.
12.2 CONTRACTOR shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from CONTRACTOR'S negligent work on the Project, or the negligent work of any subcontractor or supplier selected by CONTRACTOR.
12.3 CONTRACTOR shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
CONTRACTOR shall be liable for any private or public property damaged during the performance of the Project work.
12.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
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28 13. PERFORMANCE OF SERVICES
13.1 CONTRACTOR is responsible for keeping the Public Works Director and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
13.2 CONTRACTOR agrees to work closely and cooperate fully with ANAHEIM'S Public Works Director or designee and any other agencies that may have jurisdiction or interest in the work to be performed. ANAHEIM agrees to cooperate with CONTRACTOR on the Project.
13.3 Concurrently with execution of this Agreement, CONTRACTOR shall deliver to ANAHEIM a performance bond in the sum of fifty percent (50%) of the amount of this Agreement, in the form provided by the City Attorney, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the Initial Term of the Agreement and shall be null and void only if CONTRACTOR promptly and faithfully performs all terms and conditions of this Agreement. For any Renewal Term, the Director of Public Works or designee, in his/her sole discretion, may waive the performance bond.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONTRACTOR. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONTRACTOR.
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28 15. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Work, if any, CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the Director of Public Works or designee.
CONTRACTOR shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.
16. RECORDS
CONTRACTOR shall keep records and invoices in connection with the work to be performed under this Agreement. CONTRACTOR shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such records and invoices shall be clearly identifiable. CONTRACTOR shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONTRACTOR shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to CONTRACTOR under this Agreement.
17. WITHHOLDINGS
ANAHEIM may withhold payment to CONTRACTOR of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONTRACTOR shall not discontinue work as a result of such withholding. CONTRACTOR shall have an 13 1
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28 immediate right to appeal to the Director of Public Works or designee with respect to such disputed sums. CONTRACTOR shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
18. ANAHEIM'S RIGHT TO EMPLOY OTHER CONTRACTORS
CONTRACTOR acknowledges and agrees that this Agreement and the provision of Services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
19. CONFLICTS OF INTEREST
CONTRACTOR agrees to comply with any provisions of the California Political Reform Act of 1974 that may apply to its provision of Services pursuant to this Agreement.
CONTRACTOR shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONTRACTOR'S violation of this Section.
20. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONTRACTOR to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Fleet and Facility Services Manager
City of Anaheim
955 S. MELROSE AVE
Anaheim, California 92805
To CONTRACTOR: G4S SECURE SOLUTIONS (USA) INC.
Attn: Managing Counsel, Contracts
1395 University Blvd
Jupiter, FL 33458
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28 21. ENFORCEMENT OF AGREEMENT
21.1 Events of Default.
.01 For purposes of this Section 21, the word "Default" shall mean the failure of CONTRACTOR to perform any of CONTRACTOR'S duties or obligations or the breach by CONTRACTOR of any of the terms and conditions set forth in this Agreement. In addition, CONTRACTOR shall be deemed to be in Default upon CONTRACTOR'S (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONTRACTOR’S assets or of CONTRACTOR’S interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONTRACTOR specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHElM's obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
21.2 Immediate Termination for CONTRACTOR'S Default. In the event of any Default by CONTRACTOR, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONTRACTOR of written notice from ANAHEIM. In such event, CONTRACTOR shall have no further rights hereunder, and ANAHEIM shall have all other rights and remedies as provided by law.
21.3 Termination Without Cause. ANAHEIM may terminate this Agreement at 15 1
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28 any time without the necessity of cause or Default by giving thirty (30) days' notice in writing to CONTRACTOR. CONTRACTOR may terminate this Agreement on one hundred eighty (180) day notice if (i) at any time CONTRACTOR determines in its sole discretion that the health, safety or welfare of its security personal is at risk; (ii) CONTRACTOR has concerns about Anaheim's financial condition; (iii) CONTRACTOR is unable to maintain a security program to its standards due to financial constraints associated with the Agreement; or, (iv) CONTRACTOR’S brand is at risk as a result of its relationship with ANAHEIM or this Agreement. In such event, the Parties shall have no further rights hereunder, except that CONTRACTOR shall be paid for all Services adequately rendered prior to such termination.
CONTRACTOR may not terminate this Agreement except for cause.
22. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall at its own cost and expense comply with all statutes ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONTRACTOR shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Public Works Director or designee.
23. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and CONTRACTOR with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONTRACTOR which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
25. CONFLICTS OR INCONSISTENCIES
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28 In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
26. INTERPRETATION
Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
27. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONTRACTOR and Director of Public Works or designee and approved as to form by the City Attorney.
28. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
29. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONTRACTOR herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONTRACTOR by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONTRACTOR shall not exclude the exercise of any other remedy.
30. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
31. CONTROLLING LAW AND VENUE
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28 The laws of the State of California shall govern this Agreement and ail matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
32. DISCRIMINATION
CONTRACTOR agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of services or hiring of subcontractors or employees. To the extent this Agreement provides that CONTRACTOR offer accommodations or services to the public, such accommodations or services shall be offered by CONTRACTOR to the public on fair and reasonable terms.
33. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONTRACTOR shall, at ANAHElM’s request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
34. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
(SIGNATURES ON FOLLOWING PAGE!
18 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S ANAHEIM BOULEVARD. SUITE 356
ANAHEIM, CA 92805
(714) 265-5169
FAX <714) 765-S123
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28 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM
A municipal corporation
Date: 'i
jratalie Meeks
Public Works Director
G4S SECURE SOLUTIONS (USA) INC., a
Florida corporation
Date:
APPROVED AS TO FORM:
MICHAEL HOUSTON, CITY ATTORNEY
ByN
Bryn Mi Morley
Deputy City Attome
(Coifo^tJ Officer)
Title: 4£Aeg>i_
Printed Name:
ATTEST!
109563
Linda N.Andal
City Clerk
Attachments: Exhibit A - Specifications and Scope of Work Exhibit B - Schedule of Compensation
Exhibit C - Operations Schedule
Exhibit D - Security Procedure Deliverables
Exhibit E - Key Performance Indicator
9 CERTIFICATE
I, John Sumner, a corporate officer of G4S Secure Solutions (USA) Inc. and Secretary thereof, a corporation organized and existing under the laws of the State of Florida, do hereby certify that at a Regular Quarterly Meeting of the Board of Directors of G4S Secure Solutions (USA) Inc., held on December 18, 2014, die following resolution was unanimously adopted and passed:
RESOLVED: That in order to enable G4S Secure Solutions (USA) Inc., hereinafter referred to as die “Corporation,” to respond to domestic business opportunities, the Board of Directors does hereby authorize and empower any one or more of the following persons designated by organizational title to sign certain pre-qualification instruments, bids, leases or contracts (“Contracts”) and any other documents necessary to effectuate such Contracts on behalf of the Corporation, but only to the extent that die amount of such Contracts fall within the limits established by G4S Pic for North America within the financial authority limits set forth in G4S Secure Solutions (USA) Inc. corporate policies. • General Counsel
• Chairman of the Board or Chief Executive Officer
• President
• Chief Operating Officer
• Executive Vice President or Senior Vice President
• Vice President
• Treasurer
• Regional Vice President
• General Manager
• Other G4S Secure Solutions (USA) Inc. employee who is specifically authorized to so execute such Contracts by the General Counsel of the Corporation.
FURTHER RESOLVED: The Board of Directors does hereby authorize and empower any one or more of the following persons designated by organizational title to sign local, state or Federal tax returns or any other forms promulgated by a local, state or Federal taxing authority, insurance forms and documents, deeds, leases, banking and loan documents, benefit plans, benefit plan modifications (“Forms") and any other documents necessary to effectuate such Forms on behalf of the Corporation:
• Chairman of the Board or Chief Executive Officer
• President or Chief Operating Officer
• Chief Financial Officer
• Executive Vice President or Senior Vice President
• Treasurer
• Any other Vice President who is specifically authorized to so execute such Forms by the General Counsel of the Corporation.
FURTHER RESOLVED: That the appropriate officers of the Corporation be fully authorized and empowered to do all things necessary or desirable to fully effectuate the transactions contemplated by the foregoing resolution, and to execute any and all documents, including but not limited to furnishing resolutions and certificates, all without the necessity of obtaining further Board of Director approvals.
IN WITNESS WHEREOF, 1 hereby certify that the foregoing resolution is valid and in full force and effect as of the date immediately set forth below, and 1 have hereunto subscribed my name and affixed the seal of said corporation on this cfcWday of
___, 2015,
(SEAL)
JILL OiViNS
Commission # FF 70219
My Commission Expires
December 07. 2017
John S
Sec re:
rA± ^•7-vC-
ner, Vice President, General Counsel and
Sworn to and subscribed before me personally
this^ftJday of 2015
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public Personally Known (X) or Produced Identification ( )
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28 EXHIBIT A
SPECIFICATIONS AND SCOPE OF WORK
A. GENERAL:
1. Summary:
A) This document sets forth the general specifications, requirements and responsibilities of a Security Service Contractor (Contractor) in providing unarmed and uniformed personnel for the City of Anaheim (City).
B) Provide qualified security guards, in the numbers and for the hours specified herein to perform services as detailed in Exhibit C.
2. Qualifications:
A) Possess, maintain and provide information regarding Contractor licensing and certification to provide guard services as required by the State of California Department of Consumer Affairs, Bureau of Security and Investigative Services (B.S.I.S.) throughout the term of the agreement.
1) Contractor will immediately notify the City of Anaheim of any changes in licensing or certification.
2) Information provided to include, but not limited to, license number(s), and date(s) of expiration.
B) Demonstrate ability to provide and maintain administrative, operational, and logistical support for City.
C) Have an established record as a qualified security services provider.
D) Provide verification of on-going drug testing program, new and current employees, conducted by an approved and accredited laboratory.
3. Permits, Licenses aed Fees:
A) Secure, at Contractor’s sole expense, any temporary or permanent permits and licenses required in connection with these specifications.
B) Contractor will notify Public Works Director or designee, in writing, immediately, of Contractors receipt of notice of any noncompliance with any aforementioned permits, licenses and fees.
4. Independent Contractor:
A) Contractor’s relationship to City in performance to this Contract is that of an independent contractor and will accept the requirements of an independent contractor necessary to perform the function of a commercial guard service company at a sustained professional level of adequate service.
B) The security guard performing services under the resultant contract will at all times be under Contractor’s exclusive direction and control and will be employees of the Contractor and not the employees of the City.
C) Contractor will be responsible for its own acts and those of its subordinates and employees during the term of the resultant contract.
D) Contractor will retain its independent contractor status regardless of work I
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direction provided by City.
5. Safety:
A) Initiate, maintain, and supervise all safety precautions required in connection with work, including OSHA regulations and other governing agencies.
6. Accounting and Auditing:
A) Maintain complete and accurate records of all cost related to City account as referred to in Exhibit D.
B) Such records shall be open to inspection and subject to audit and/or reproduction by Public Works Director or designee to the extent necessary to adequately permit evaluation and verification of invoices, payments, or claims submitted by Contractor pursuant to the execution of the contract.
B. SCOPE OF WORK:
1. Performance of Work:
A) Provide security guard services in the form of unarmed, uniformed security guards for properties, areas and events in accordance with the standard hours of coverage schedule attached hereto as described in the Security Operations Schedule - Exhibit C. Security Operations Schedule may be revised as needed with the consent of the Public Works Director or designee.
B) All services will be performed with the highest standard of contract security and in accordance with the scope of work and all federal, state and local laws.
C) Contractor is responsible for producing a comprehensive set of Post Orders in conjunction with the City. Each Post Order will document both general procedures as well as site-specific responsibilities (per location and classification by ensuring adherence to its contents). Draft Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City within thirty (30) days from commencement of Contractor’s services. All approved post orders will be maintained and updated as necessary. All security staff is expected to comply and do so in a manner consistent with the behavior and levei of service expected of all City of Anaheim employees.
D) Contractor is responsible for producing a Transition Plan which will be effective upon commencement of agreement. Transitional plan will layout the tasks and activities that need to take place to efficiently deliver the scope of work. The transition plan will identify the transition team, its organization and its responsibilities, tools, techniques, and methodologies that are needed to perform an efficient and effective transition.
E) Contractor is responsible for finalizing Deliverables as referred to in Exhibit D.
Deliverables will be maintained and updated as necessary or at a minimum of once a year.
F) General areas to be patrolled include, but are not limited to, lobbies, open and private office areas, common areas, interior and exterior stairwells, fire escapes, training and conference rooms, lunch and break rooms, kitchens, outside entrances, patios, decks, balconies, gyms, multi-purpose rooms, Council Chambers, interior and exterior passenger and freight elevators, parking structures, pedestrian bridges, all space being utilized by occupants and any other areas as assigned by Public Works Director or designee.
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28 2. Responsibilities of Work:
A) Maintain discipline, excellent appearance, professional demeanor, integrity, and attention to duty amongst security guards.
B) Furnish City with organization chart, names and phone numbers of Contractor supervisory personnel who can be contacted at any time to respond to City’s needs.
C) Provide trained and qualified unarmed security guard personnel to provide service as requested per Agreement. Service will be continuous and shall include, but not be limited to the following:
1) Screen and access control of persons, vehicles, and other property 2) Site surveillance
3) Identify and report security and safety concems/issues/violations 4) Secure property lost and turned in as found
5) Maintain files for security related documents
6) Assist City personnel and public in emergency situations 7) Ensure prompt action is taken to prevent or minimize losses, accidents, fires, property damage, safety hazards, and security incidents. 8) Inspect and maintain security equipment and devices as instructed, and submit written notification for any which are malfunctioning, inoperative, or in need of repair.
D) Each security guard will document findings and activities in a Daily Activity Report (DAR), provided in electronic version by Contractor. Electronically completed DAR’s are required by each officer for each shift assigned; regardless of location/assignment. DAR's must conform to the following:
1) Contain detailed information (who, what when, where, why and how) and have an entry of no less than twice per hour or as dictated by Public Works Director or designee
2) Completed electronically and submitted at end of each guard shift.
E) Security guards shall maintain other City approved logs included, but not limited to, electronic incident reports, electronic daily timesheets, electronic afterhours sign- ins, electronic vehicle logs, electronic visitor check-ins, electronic vendor check ins, electronic employee check-ins and any other documents deemed necessary by Public Works Director or designee
l) Electronic incident report is required for, and defined as, but not limited to, the following:
a) Apparent or suspected criminal activity
b) Apparent trespass on client property
c) Verbal or physical confrontations
d) Equipment or system failure
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28 f) Incidents in which procedure governing the safety or orderly operation of the site is violated
g) Medical emergency calls
h) Damage to city assets
F) Security guards shall report suspicious or criminal activity, medical or life threatening emergencies by dialing 9-1-1 and Shift Supervisor.
3. Contractor Personnel:
A) Security guards must work their assigned post completely alert and fit to perform their prescribed task.
B) Screening Process must be conducted by Contractor per the minimum qualifications of this agreement. Records of personnel are to be maintained on file and available upon request. Contractor shall make available to City Representative; personnel documentation of security guards assigned to City account such as Driver's License, Guard Card and other related documentation necessary. Contractor will provide to the City a list of all security guards providing services and will update said list each month with the names and positions of any new security guard and notification of replacement of any current security guard. Additionally, Contractor will immediately notify City with the name and assignment of any security guard who is terminated. All documentation shall be kept confidential to the extent permissible and as may be required under applicable laws and regulations.
C) Each security guard assigned to duty on City account is required to be or to have at minimum:
1) Three (3) years related experience in an assignment of similar scope and size, as defined in these specifications.
2) Fluent, clear and concise in both oral and written English communication 3) Participate in pre-employment screening process including background investigation and drug testing
a) Investigation will be conducted and documented by Contractor to verify that each security guard/supervisor, prior to assignment at City account, has accurately completed employment application and meets qualifications.
b) Application will be designed to obtain at minimum the following information:
i. Full name, aliases, and signature
ii. Current address and prior address
iii. Driver license
iv. Copy of Bureau Security Investigative Services
(B.S.I.S) permit and other B.S.I.S. weapons
permit(s)
v. Drug testing
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28 vi. Felony convictions record:
• Including current and previous counties of residency and out of state records
• Felony record disqualifies applicant from working on City account
• Previous ten year employment history verification
• High school diploma, GED or equivalent
• General aptitude testing
• Education and/or specialized training
• References - non-related personal
• And other information as pertinent
D) Public Works Director or designee has the option to approve/disapprove any candidate selected to work on City account.
E) At all times, all Contracted personnel, including supervisor(s) and security guards, will maintain professional behavior, attitude, be courteous, well-groomed, well- maintained appearance including, but not limited to: natural hair color, facial hair, no visible tattoos, and no facial jewelry.
1) Hair is to be neatly combed. No extreme styles are permitted, (i.e. dying, bleaching, tinting, shaving of eyebrows, shaving logos or designs in hair etc...).
2) Facial hair must be neatly trimmed and not excessive. 3) Piercings, other than one stud per each ear lobe, must not be visible. 4) Tattoos must not be visible while security guard is in uniform.
F.) Security guards will wear City approved uniforms and identification at all times while working in City facilities. Contractor will provide all security guards working on City account with uniforms gear, equipment, tools and all other essentials for guard functions.
G) Uniforms are to be clean, neat and give an overall professional appearance.
Uniforms must not be faded, tom or stained and should be replaced on as-needed basis and at minimum of quarterly basis (every three months).
H) Uniform must meet B.S.I.S. standards. Uniforms will be approved by Public Works Director or designee. Examples of acceptable uniforms will consist of the following:
1) White polyester button down style shirt with Contractor company embiem/logo on each shoulder.
2) Navy blue slacks.
a) Denim, shorts, skirts, stretch cotton/sweat pants, and capri cut pants are not acceptable.
3) Black, closed toe, slip resistant shoes.
a) Tennis/sports shoes are not acceptable.
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4) jackets and sweaters must have the company embiem/logo on each shoulder.
5) Only baseball caps, visors, beanies containing Contractor company emblem/logo will be permitted for use with personnel while working outdoors only.
6) Other related uniform attire as approved.
I) Security guards assigned to post which include parking lots must be provided with ANSI/SEA 207-2006 compliant security vest with label.
J) Contractor must have fully trained, technically competent, experienced security guards at each facility beginning the first work day of resultant contract.
K) Contractor will provide suitable qualified substitute security guards if any security guard is unable to perform due to illness, resignation, or other factors as referred to in the Exhibit E.
L) Public Works Director or designee reserves the right to disapprove the continuing assignment of any security guard assigned to performance of the requirements contained herein.
M) Contractor will make every effort consistent with sound business practices to honor the specific request of City with regard to assignment of its security guards.
N) Security guards will refrain from utilizing personal electronic devices (such as cellular phones, computers, tablets, etc...) while on duty and representing the city.
4. Shift Supervisors
A) Contractor will have a Shift Supervisor assigned to each shift as defined herein Exhibit C.
8) Contractor will provide staffing to ensure complete crew supervision while facilities are being secured/patrolled in accordance with Exhibit C and these specifications.
C) Any assigned supervisor that does not meet all requirements as specified herein, as deemed in Public Works Director or designee's sole discretion, must be immediately removed from assignment and must be immediately replaced with a supervisor who meets all requirements as specified herein; NO EXCEPTIONS.
D) Contractor will provide supervisors with a minimum of five (5) years' related security experience in assignment(s) of similar scope and size, as defined in these specifications. Similar scope and size in the field directly relate to managing the day- to-day performance requirements of a security contract. Supervisors will ensure that all performance requirements of the contract are met promptly on an on-going basis and to be a communication conduit between Public Works Director or designee.
E) Appointment of shift supervisors shall be made a minimum of thirty days prior of the resultant contract. City reserves the right to review the qualifications for the job and ultimately approve or deny the appointment of supervisors.
F) Supervisors will ensure staffing requirements are met on a daily basis, responsible for all supply, material, and equipment inventory and control, to include distribution of such among security guards.
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28 inspections of all City facilities/locations under the contract to ensure work is being performed in accordance with the specifications.
H) Supervisors will work exclusively in the performance of the resultant contract with the Public Works Director or designee and will not conduct any other business during the time allocated to the performance of the resultant contract. i) Supervisors must be on site for a minimum of eight hours per day, per shift and may be subject to change by Public Works Director or designee.
J) City will provide a work space for the Supervisors use at a location determined by the Public Works Director or designee. Contractor and supervisors are responsible for the care, custody, and control of all City provided equipment, i.e. desk, and chair. As such, Contractor must reimburse or replace any damaged or lost items.
City may elect to replace or require that Contractor replace said items. Any non reimbursed or non-replaced items shall be deducted from any outstanding invoices.
K) Contractor will provide supervisors with smart phone with capability to make and receive calls, receive and respond to e-mails. Contractor shall provide supervisors with wireless notebook/lap top with compatible Microsoft Office applications.
L) Staff must be computer literate and familiar with compatible Microsoft Office programs and related software as required.
M) Supervisors will communicate clearly, effectively and efficiently in English, orally and in writing.
N) Supervisors will ensure that all complaints, concerns and issues are responded to within sixty minutes of notification from City Representative, unless otherwise agreed upon by Public Works Director or designee. Urgent request are to be responded to immediately in addition to other Key Performance Indicators referenced in Exhibit E.
O) Supervisors will report any and all deficiencies discovered, disclosed or reported by security guards as they occur and inform the Public Works Director or designee. All occurrences must be part of the computer generated report to be submitted to Public Works Director or designee on a daily basis.
P) Supervisors will provide to Public Works Director or designee computer generated reports on a daily basis regarding the performance of this contract, which must include without limitation the following: logs recording all concerns, issues, deficiencies to include location, date/time of incident and date/time of resolution; attendance of security guards; any other reports not covered in the aforementioned as deemed necessary by City Representative and Lead Guard.
Q) Contractor must provide trained qualified Shift Supervisor, subject to all above qualifications, to report to Public Works Director or designee during the absence of the regularly appointed supervisor for reasons such as vacation, sick or jury duty.
R) Shift supervisors must be trained in emergency response to include valid CPR, AED and First Aid. Such training and certification must occur prior to being assigned to City account and must be updated as dictated by the certification received.
S) Supervisors must be available twenty-four hours a day, seven days a week, fifty- two weeks a year including eleven City observed holidays, to respond to security 7 I
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28 request as deemed urgent by Facility Services after hours Duty Supervisor.
Supervisor must respond to call out request within fifteen minutes of notification and implement appropriate resolution as approved by Duty Supervisor.
5. Patrol Vehicle: Contractor shall provide security guard staff with company leased/owned vehicle(s) and/or T3; no older than 3 years from current calendar date, displaying the company logo and name on the doors and B.S.l.S. requirements including PPO number. The vehicle/equipment must be in good condition as defined by Kelly Blue Book; “good condition" means that the vehicle is free of any major defects, paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. To the extent applicable and as may be required in the future if a vehicle is added to the operations, the following shall apply upon acquisition of the vehicle:
A) Vehicle/equipment shall display identifying marking identifying providing services to City, i.e. “Serving City of Anaheim ”.
B) Vehicle/equipment shall be equipped with emergency lighting equipment to include, but not limited to, roof mounted light bar, radio and spot light. Equipment must always be in operable condition or a replacement vehicle shali be dispatched within two hours of notification to contractor.
C) Vehicle shall carry safety cones, barricades, fire extinguisher and jump pack that will enable supervisors to immediately respond to resolve security issues.
D) In the event of approval Contractor patrol vehicle shall remain within a one mile perimeter of their assignment unless authorized by Public Works Director or designee to travel beyond.
E) Contractor patrol vehicle’s fuel expectation level shall remain at 1/2 full or above at all times. The appearance and cleanliness of vehicle shall be inspected by each operator per shift and maintained (as needed) to avoid unpresentable conditions such as excessive exterior accumulation of dirt/debris.
6. Training:
A) City shall be responsible for training shift supervisor and other approved once per contract year.
I) Training shali include, but not be limited to the following:
i. City of Anaheim culture
ii. Customer service level expectations
iii. Reporting requirements
iv. Facility specific
• Fire alarm
• Shelter in place
• Earthquake
• Evacuation
v. Post orders
vi. Other trainings as necessary
B) Contractor will be solely responsible for ensuring that security guards are trained and competent in performance of their duties as outlined in the approved post orders.
C) Required training must be documented and categorized into specific areas to include but not limited to (Orientation Package to be provided by Contractor and 8 approved by City)
1) Orientation and initial training must first occur at the Contractor’s office and include the basic introductory guard courses. Subjects learned in orientation will affect, at minimum, knowledge of private security’s legal obligation and rights, and computerized incident report writing.
2) On-site training will be required and conducted by shift supervisor for a minimum sixteen hours for each new security guard prior to any work being performed on City account.
i. Training must be conducted on both day and swing shifts unless otherwise approved or directed by Public Works Director or designee.
ii. There will be no additional cost incurred to City for this training period.
3) Specialized training will include, but not limited to, customer service, parking patrol, and use of any special equipment or systems. Such training will be performed as identified and evaluated by Public Works Director or designee.
D) Posts:
1) Standard hours of coverage are provided in Exhibit C. The hours provided herein are for purposes for submitting a service proposal. Actual account hours may vary based upon Contractor’s recommendations in the proposal. 2) Exhibit B and C include principal locations as defined for City account.
7. Proximity Identifications Cards and Keys:
A) City will provide Contractor’s employees with proximity identification cards and keys for access to City facilities. Contractor must schedule with Public Works Director or designee all new hired employees for City picture at minimum one (1) week prior to work commencement. It is the Contractor's responsibility to surrender the proximity access card and keys within four (4) hours of employee termination.
B) Contractor must notify Public Works Director or designee immediately of any lost proximity card or key. City will hold Contractor responsible for cost associated with loss or misuse of City issued proximity card and/or keys. The cost for replacement per proximity card is $50.00 and $63.00 per key.
C) City holds Contractor responsible for cost of re-keying as a result of lost or misplaced keys, cost of police response calls, and cost of any resultant theft or vandalism.
D) Contractor's employees are required to wear City issued proximity cards at all times while working on City owned property, NO EXCEPTIONS; this includes temporary or interim employees.
1) Contractor’s employees without a visible proximity card badge are not authorized to work or be in City facilities.
2) Security guards with lost or missing proximity card shall be replaced from the scheduled shift until payment is rendered and replacement card issued. 3) Proximity card shall not be used when the contractor’s employee is not on duty or for personal use.
9 'OOO-OOiOi-iA.UJtOo(NU>.&•OftO'ceG© — <N <N<N<Nto04tOto Oft
G<Nr-ntooo
OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S ANAHEIM BOULEVARD. SUITE 356
ANAHEIM. CA 92805
i714) 765-5169
FAX (714| 765-5123
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8. SERVICE ADJUSTMENTS
A) City reserves the right to increase or decrease the services of the Contractor as needed. The fees for those services will increase or decrease based on the services and fees at the rate per hour.
9. MEETINGS:
A) Contractor and Supervisor(s) shall meet with the Public Works Director or designee as often as required, but not less than once a quarter, to conduct inspections and resolve concerns.
10. EQUIPMENT AND SUPPLIES:
A) Contractor must provide, order, store, and distribute all equipment and supplies.
Public Works Director or designee reserves the sole right to approve the equipment and supplies to be used; and may add or delete at Public Works Director or designee sole discretion.
B) Contractor shall keep accurate records of the equipment and supplies used at each facility.
C) City reserves the right to audit Contractor's records and all receipts and expenses related to providing, ordering, storing, and distributing of all equipment and products. Contractor must provide written records to City Representative within 5 (five) business days from date of request.
D) Contractor must supply each security guard and supervisor, assigned to patrol, flashlights capable of a minimum: 12,000 candela (peak beam intensity); 100 lumens and other essential equipment and supplies as needed.
E) Contractor must supply each security guard and supervisor assigned with a duty (gear) belt, rain gear or other equipment as recommended by Contractor.
F) Electronic Reporting System:
1) City reserves the right to review, inspect and approve any proposed reporting system. Contractor must, at its sole expense, provide an electronic reporting system, equipment and devices that meet all City requirements. 2) All guards and supervisors are responsible for performing electronic checkpoint patrols as directed by City post orders. Example: registration at each location shall occur, on every patrol by the guard/supervisor, to document their whereabouts and condition of the area.
3) Contractor must provide and maintain all components of electronic reporting system or other system as mutually agreed upon. 4) Contractor must provide an account management system with capability of reporting security guard activity to Public Works Director or designee. 5) Each security guard on duty must be provided and equipped with equipment capable of electronically registering area(s) patrolled 6) Account management system to allow for client portal for access by Public Works Director or designee.
7) Electronic reporting system must at minimum include the features and be capable of the reporting requirements as follows:
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i. Date, time and location stamp/confirmation
ii. Capability to automatically check in security guard date/time/location while on patrol
iii. Global Positioning System (GPS)
iv. Photo capability
v. Prepare incident reports
vi. DAR (Daily Activity Reports)
vii. Maintenance reports
viii. Field interviews
ix. Send/ Receive dispatch/service calls
x. Update/modify service call information
xi. Instant messaging and e-mail capability
xii. Ability to customize information fields
xiii. Wireless communication
xiv. Patrol Status (such as Assigned Task, Break/Lunch, Customer Assist) xv. Ability to run customized reports including, but not limited to, the following:
• Classification of incident reports
• Classification of activity
• Various statistical information
• Other related items as pertinent
G) Two-Way Communication Devices:
1) Radio/device shall be maintained in good working order at all times. 2) Radio frequencies must be compatible with City frequency. 3) Guard and supervisor shall provide communication with dispatcher at completion of each patrol and/or to update status.
4) Contractor must provide City with additional units to be used by Public Works Director or designee, as necessary.
C. MISCELLANEOUS REQUIREMENTS:
1. Holiday rates for City observed holidays should be figured into the hourly billing rates. 11 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S ANAHEIM BOULEVARD, SUITE 356
ANAHEIM. CA 92005
(714)765^169
FAX (714) 765-5123
OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
IN !>\ll HIM
7 Third Monday in January Martin Luther King's Birthday ~>
»■> Third Monday in February President's Day
4 Last Monday in May Memorial Day
5 July 4 lh Independence Day
6 First Monday in September Labor Day
7 November I L n Veteran's Day
8 Fourth Thursday in November Thanksgiving Day
9 December 25'" Christmas Day
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27 2. Overtime will not be billable to the City unless it is regular!) built-in to the standard hours of coverage or the City makes specific request that contributes to a specific security guard(s) incurring overtime.
3. Contractor's employees siiail not adjust mechanical equipment controls for healing, ventilation, air conditioning systems, or sound systems (either built-in or personal).
4. Situations requiring immediate attention, such as overflows or vandalism, and aM after hours incidents must be reported to the City facility Services Duty Supervisor (7 14) 345-611 7. Items in need of repair must be reported to Public Works Director or designee immediately no more than one (1) hour of occurrence.
5. Use of City’s telephones, fax. computers, printers, or any other equipment is not permitted for non-city business. Contractor may be held responsible for unauthorized personal usage.
6. Any lost and found articles shall be documented on appropriate form and turned in to Public Works Director or designee.
D. LIQUIDATED DAMAGES:
1. City reserves the right to include a compensation adjustment tied to the number of legitimate performance and service complaints received per month.
2. Note that the liquidated damages are cumulative and may be in addition to other remunerations stated elsewhere in the bid specifications, failure to meet the standard or respond in the required time for the incurrence of a violation will result in liquidated damages.
3. Liquidated damages shall include . but not limited to , the following areas:
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28 VIOLATION Descriotion AMOUNT
Shift Supervisor
turnover
Shift Supervisor turnover shall not
exceed more than twice (2) each
Fiscal Year. Violation shall not
include turnover resulting from
promotion, military leave, medical
leave, or death.
$500.00
Unjustified patrol
gap(s)
Not documenting registered
checkpoints. Any period of 15
minutes or more without a
justification.
$25.00 per
occurrence
Failure to
complete or
submit electronic
report/log
Daily Activity Reports/Incident
Reports prior to end of Shift. This
shall not include failures due to
connectivity issues.
$50.00 per
occurrence
Failure to furnish
specified
equipment
At the start of shift, all guards must
have approved equipment (phone,
radio, uniforms, Id, access cards,
vehicle, software, etc...) Excluding
Routine Maintenance no more than 4
days in Fiscal Year.
$100.00 per
occurrence
Failure to
provide/replace a
scheduled
security guard
All shifts must be covered without
gaps.
$150.00 per
occurrence
Failure to
provide/replace
scheduled Shift
Supervisor
All shifts must be covered without
gaps.
$500.00 per
occurrence
Training
Requests
One (1) training per fiscal year will be
provided by City. Any Additional
training requests that exceed the
annual training will be considered a
violation.
$500.00 per
occurrence
Proximity Card
Replacement
Lost or Stolen Proximity Card to be
replaced
$50.00
Single Key Core
Replacement
Lost or Stolen Key $63.00
13 EXHIBIT B • SCHEDULE OF COMPENSATION PAGE 1 OF 2
City of Anaheim • Compensation Schedule by Position (Staffing Model D2) Saperwsor/Paliol Officer l |M-F) r.ustcim P':itiVc.n Supers or S IS GC 5 25 82 40 6 1,152 50 20S0 $ S9.945 60 Supewcr/Potrol Offsctr 1 (Sa-SunS C List cm ? rot e ct son Shift) ea n 5 15 CO 5 24 30 16 s 38S80 S:2 s 20,217 640 AWT & Cb Patrol Officer 2 Upscale Security Officer S 29.00 S ■0 92 56 s :.;?i52 2912 60.915 W AWT Oesk Officer Upscale SecurTv Officer 9 15 00 5 20 92 56 $ 2.171 52 7912 j 60.919.04 City Hail Desk Officer upscale Security Officer 5 13 00 20 92 40 s 8*6 80 206C 5 43,515 60 Command Center Officer upscale Security Officer 23 00 Is 20 92 56 $ 1,171.52 2912 5 S0.9i9.04 /; i Lr.::.S&/^AT H
Suocrvfsor/Pstml Office) i Custom Protection Shift Uad S 15 60 s 24 30 S6 5 1,3642 SO 2912 $ 70.761 60 AWT &CH Patrol Officer 2 upscale Security Office: $ 23 00 s 20 92 56 $ 1.271 52 2512 J 60,919 04 AWT Desk Cffiifi Upscale Security Officer S 13 DC 5 >C 92 56 $ 1,171 52 29V $ 6C919 04 Cenirraiut i.ow i.i|Ti;c- 13 DC 20 92 AS > u?i &: 2912 s 50.919 04 : 7
Suptarvira.iyr■ o:11'i imn.i'i , custom Protection Shift lead 15 DC a' 24 30 56 j> i.360.60 2932 j 7C 761 60 i AWT & CH Patrol Officer 2 upscale Security Office' 13 OC 5 20 92 56 $ 1,17152 2912 s 60,915 04 1:
1■iiii -Li2J
Custc-n- Protection Supervisor
Custom Protection Lead
Custom Protection Officer
iosrale Sec petty Officer
R]$KS6C - Case Management Software
28.82 /hour
24 50 /hour
22 SC /hour
20 92 /hour
29SD0/momh
on £ Holder $ 1C2.35 /each
DC Spray § Holder S 26 09 /each
Satcr. 8 OC Spray Training $ 150 00 /each offic
cnceaiable Bairstrc vest S 414 30 /each
OFF1CE OF THE CITY ATTORNEY
CITY OF ANAHEIM
2'Xi AUAl-ciy BOUOVARD .Sl.lt I: 3K-
ANAHkTV DA S-2S»
•Sf.-fsiDS
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CC O' Or j- Du IJ — O O CSC -^1 O' V) A Sr W — C -O OC ~~] O' Ol -U U.A N>
EXHIBIT B
SCHEDULE OF COMPENSATION
OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
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28 EXHIBIT B - SCHEDULE OF COMPENSATION PAGE 2 Of 2
City of Anaheim - 7 Yeai Compensation Schedule fay Service Level
1.241.44
'4 ?'
48S
10.444 23 11.263.7
SS5.376.6S
656 65S
15.5S4.3S
77i.566.S3 j S 81041654 5 751552.32 790,650.23 80,676.95 851.44358 872,729.97 ‘ S/iniar 2.5% oiossms to Kipyra fw *iiiiiS!rM«5 m CPJ. P*ytoli, Tjund ;n:wsr.« toa snc prcviSs ar-mai mpioyse mar! inaessss Custom Prottaiwi Supevsoi 5 28.E /hour
Custom Protector Lead S 24.30 /tour
Custom Protecrwfl Officer s 2250 /nous
Upsale SKWityOffKer $ 20.92 /now
RISK560- C35« Msmeemcot Soft-A-wes 239 00 /montfri
Salon 3, Holfis 5 10235 /earn
X $pr ay S Hpitia \ 16.03 /ascii
Baton S0C SpreyTiaming S 150-30 /each ettce#
COfK68.'2bi6 9»RSD( V«St S 414.® rtadi
0 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
2C0 $ SO'JLI-VA^n su 1:: 351*
nr.^. c- weni \7U) 765-515S
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EXHIBIT C - OPERATIONS SCHEDULE
City of Anaheim • Security Operations Schedule {Staffing Model D2) jl|||||
Supervisor/Patrc! Officer i (M-Fj Custom Protection. Supervisor 40 700a-330p 700a-330p 700a -330p- 700a -330p700a -350p Superviscr/Patrci Officer 1 (Sc-Sm • Custom Protection Shift teed 16 ’00a -330p 700a -330p 4WT&CH Patrol Officer 2 Upscaie Security Officer 56 ^OQc -330p 700a -330p 700a-330p KOi -330p 700a -530p '00a -330p 700a-330p AWT Desk Officer Upscale Security Officer 56 7005 -330p 700a-330p 700a-330p 7G0a -330p700a -330p 700a-330p 700a -330p City Kail Desk Officer Upscaie Security Officer 40 700e -330p 700a -350p 700a-330p 700a-35Cp "00a -330p Command Center Officer Upsceie Security Officer 56 700a -330p 70Oe-330p 700a -330p 70fe -330p700a -330p ?00a -330p 700a -330p 30OpTI3OpSupervisor/Patrol Officer 1 Custom Protection Shift lead 56 3O0p-115Cp 500pT13OpSOOp-mOp 30GpT130p308p-mop 300pT130p AWT & CH Patrol Officer 2 Upsceie Security Officer 56 300o-li50p 300p-i230p SOOp-ilSOp SOOpTlSGp 3OQp-1130p SOOp-ilSOp300pT130p AWT Desk Officer Upsceie Securcty Officer 56 3O0p-113Op 5GOp-1130p 300p-1130p 300p-il3Gp 300p-n3Gp 300p-ll3Op 3O0P-123OU City Hall Desk Officer Upsceie Security Officer 0
Command Center Officer Upsceie Security Officer 56 300p-1130p 500p-1230p300?-il3Cp 300p-1130p SGOp-llaUpSCCp-HoOp 300p-1230p 1100p-730a iupervisor/Patrol Officer 1 Custom Protection Shift Lead 56 1100p-730a1100p-730aUOOp-7303 1100p-730a 1100p-?30a ii00p-730a AWT &CK Patrol Officer 2 Upsceie Security Officer 56 i!O0p-73Oa 1100p-730a1100p-730a i!00p-730ailOOp-7S6a1100p-730a1100p-730a AWT Desk Officer Upsceie Security Officer 0
City Hell Desk Officer Upscale Security Officer 0
Commend Center Officer Upsceie Security Officer 56 llOOp-7308 llOOp-'SOa1 lOOp-7303 1100p-730a llCOp-7:-0a1100p-730a1100p-730a 656 :
SO>
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I
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28 EXHIBIT D
SECURITY PROCEDURE DELIVERABLES
SECURITY REPORTING REQUIREMENTS
As part of its obligations under the Agreement ('‘Agreement” or “Contract”). Contractor shall prepare, and maintain detailed post order operation plans that align with Anaheim's current policies and procedures as it relates to its security program; to include those identified in this Exhibit. All Security Operation Plans shall be produced and reviewed in a collaborative effort with the City of Anaheim Public Works Director or designee.
All documentation will be maintained in electronic format (compatible with the Microsoft Office Suite) and made available to City upon request by City and periodically as provided herein, including upon each modification to each such Security Operation Plan, as applicable. The schedule for initial completion and updates to each Security Plan are defined below, in addition to suggested requirements for input. Each Draft Table of Contents below is subject to change by Public Works Director or designee and shall be subject to review, comment and approval by City, in its reasonable discretion. Upon completion and approval by City, each Security Plan shall be incorporated into the Agreement and shall be deemed to set forth in full therein. 1 S3
Pal
Sag'S,§>■ 51 a§ •<?
uinSii;
n ^ 2S1 o w
“- S o "
I ^ U-
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28 Milestone Due Date Approval / Review
| First Draft 30 days after Contract Award City approval and subject to inputs Final Draft 45 days after Contract Award City approval and subject to inputs Final Approved
Report 60 days after Contract Award City approval
Regular Updates 30 days after commence of each
Fiscal Year Changes subject to City approval
Security Operations Plan
Intent
To establish the responsibilities, interfaces, protocol, and other details for Public Works Director or designee and 3rd parties in relation to the ongoing diligent performance of security services and public safety at City Facilities.
Schedule and Approval Requirements
Draft Table of Contents
1. Intent
2. Points of Contact (individual names and 24/7 contact details for Public Works Director or designee and 3,d Parties)
3. Definitions (including agreed definitions for ‘‘peak hours", "after hours", "office hours", “back of house'’, “front / common areas,’* “Incidents," etc.)
4. Security Staffing and Management Plan
a. Management approach
b. New Hires Packages / Orientation
i. Hiring Practices/ qualifications.
ii. Employee Benefits
iii. Background Checks (applies to all employees)
iv. Staff Training (both Safety and General) Procedures, Manuals and Regulatory Requirement
c. System to be utilized
d. Record keeping and reporting
e. Description of Check Points and Patrolling
f. Interface Protocol (with Anaheim PD, first responders, City Employees, etc.)* g. Shifts and minimum staffing levels by time of day and function (patrolling, management, CCTV monitoring, etc.)
h. Daily Reports
i. Patrolling (of Facility and Site) guidelines and objectives j. Security Control Room Use and Management (purpose, functionality and ongoing register of initial training, lessons learned and update requirements) 2 1
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28 k. Notification for repair and replacement protocol for equipment l. Use of PA system for Security purposes*
m. Two way communication
n. Accepting Deliveries/Mail Protocol*
o. Customer Service Policy (in conjunction with AR285)
i. Desk Counter
ii. Screening
p. Other obligations of security personnel
5. Incident Reports and Remediation
a. Incident Detection and Communications
i. Spills and trip hazards
1. Detection procedures
2. Cleanup procedures*
ii. Detection and notification procedures, flow charts (define method of security incident detection by security and all other staff, CCTV, by Anaheim PD 3rd party partners, etc. -••• and for each the protocol for notifying First Responders/Lead Guard)*
iii. On demand communication protocol / incident response (Graffiti, vandalism, damaged or broken property, pest control, bodily injuries, hazard materials, crime, traffic
iv. Blue light intercom regular and after hours phone routing and response protocol (with input from City and Anaheim PD)*
v. Regular coordination with Anaheim Police Department and others as agreed
vi. Coordination with neighboring properties*
vii. Special events procedures (City Council Meetings, etc.. .)* b. Lost or duplicate secure access keys
c. Trespassing*
d. Verbal / Physical Confrontations
e. Procedures to Accommodate On-Demand Escorting of Employee / Customers* f. Correction of Failures to Detect Incidents*
6. Sample of all forms used
7. Lost and found procedures*
8. Goods Conveyance Guidelines*
a. Hours of operation and schedule
b. General procedures (describe communication and management protocol to initiate delivery of goods to City Facilities, intended use and capacity constraints for the loading dock and freight elevator, define unacceptable goods conveyance 3 I
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28 activities such as loading goods from any area other than the loading dock, methods for minimizing disruption to city operations and public, etc.)*
9. Non-typical procedures and remedies (cross referencing to other Reports as appropriate)* a. Disruption to freight elevator service
b. Disruption to loading dock, cash room, secure door and other functions c. Special events or trade shows
d. Disruption of garbage compactor and other functions
e. As related equipment and system failure
10. Crowd control during extreme delay conditions, before and after events or other special events, and during major holiday periods.*
(*)To be developed and maintained in a collaborative effort with the City of Anaheim Public Works Director or designee.
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28 Emergency Management and Response Plan
Intent
To establish the responsibilities, interfaces, protocol, and other details for Manager and 3rd parties in relation to the preparation for and response to emergency events at City Facilities. To be developed and maintained in collaboration and conjunction with representatives from each named approval / review entity.
Schedule and Approval Requirements
Milestone Due Date Approval / Review
First Draft 30 days after Contract Award City approval and subject to inputs Final Draft 45 days after Contract Award City approval and subject to inputs Final Approved
Report 60 days after Contract Award City approval
Regular Updates 30 days after commence of each
Fiscal Year Changes subject to City approval
Draft Table of Contents.
1. Intent
2. Points of Contact (individual names and 24/7 contact details for Public Works Director and 3rd Parties)
3. Definitions (including agreed definitions for “peak hours", "after hours", "office hours", “back of house”, “front / common areas,” “Incidents,” etc.)
4. Emergency Infrastructure
a. Inventory of relevant Infrastructure (e.g. emergency generators, fire hydrants and extinguishers, emergency detection units, alarms, PA system, etc.) b. Testing procedures and reporting
c. Interface Management
5. Emergency Planning
a. List of potential emergency scenarios and for each
i. Heat Map categorization of risk (probability) and hazard (severity) including definition of Minor Emergencies to be managed. ii. List coordination partners for planning and execution purposes (full list may include, in addition to the named review / approval entities, Anaheim Police Department; Emergency Medical Response Units; etc.) iii. Detection plans (including police reports, etc.)
iv. immediate action / communications plan
v. critical path response / mitigation plan
vi. collaborative training / drill requirements (as appropriate) and 5 1
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28 vii. subsequent Incident / Accident Report needs and writing standards b. Regular (routine) coordination of:*
i. Loading Docs
ii. IT Rooms
iii. Radio Response
iv. Camera Surveillance
v. Access Control to offices or Utility Rooms/Roof
vi. Emergency Response Kits (Earthquake/Fire/Disaster)
vii. Inspection Checks (Visual)
c. Emergency Management Temporary Headquarters (triggers and procedures) i. Remote HQ procedures
ii. On-site HQ procedures (may include City’s management of off-site Emergencies)
6. Training and Drills*
a. Purpose and need (for each Emergency Training Activity / Drill) i. Active Shooter
ii. Emergency Shut Down/Lock Down
iii. Panic Alarms
b. Scheduling and attendees
c. Public involvement / management
7. Minor Emergency Management (including first response, communications, contingency plan and incident reporting obligations)
a. Non-life threatening Traffic / pedestrian accidents
b. Public disturbances, misdemeanours and Non-life threatening assault c. Major disruptions to transit services (delays or cancellations) d. Others as agreed
(*)To be developed and maintained in a collaborative effort with the City of Anaheim Public Works Director or designee.
OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
ZOOS ANAHEIM BOULEVARD SUITE 356
ANAHEIM, CA 92605
(714) 765-5169
FAX {714} 765-5123
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Information Technology and Telecommunications (IT&T) Plan Intent
To establish the responsibilities, interfaces, protocol, and other details for Manager and 3rd parties in relation to the management and ongoing diligent operation of Secure Trax Handheld Reporting Devices and G4S Insight portal Information at city facilities.
Schedule and Approval Requirements
Milestone Due Date Approval / Review
First Draft 30 days after Contract Award City approval and subject to inputs Final Draft 45 days after Contract Award City approval and subject to inputs Final Approved
Report 60 days after Contract Award City approval
Regular Updates 30 days after commence of each
Fiscal Year Changes subject to City approval
Draft Table of Contents
1. Intent
2. Points of Contact (individual names and contact details for Public Works Director or designee, and Contractor)
3. Definitions (if needed)
4. Description of IT&T systems, components (software and hardware) and maintenance responsibilities (either City or Contractor)*
a. Security Access System
b. Any other systems that software is being developed for and that the Public Works Director or designee will be required to manage.
5. General Procedures (for each IT&T asset define procedures for ongoing staff training, equipment and software testing, incremental calibration, repair and replacement; and methods for minimizing disruption to operations)
6. Initial Training
a. Schedule for IT&T training to be delivered from Contractor
7. IT&T Supporting Resources
a. Warranties (define warranty scope, triggers and limitations) b. Manuals provided by Contractor
8. City Systems and Equipment
(*)To be developed and maintained in a collaborative effort with the City of Anaheim Public Works Director or designee.
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28 Financial and Accounting Plan
Intent
To establish the responsibilities, interfaces, protocol, and other details for Manager’s obligations with respect to financial management, accounting and reporting.
Schedule and Approval Requirements
Milestone
First Draft
Final Draft
Final Approved
Report
Milestone
Regular Updates
Due Date
30 days after Contract Award
45 days after Contract Award
60 days after Contract Award
Approval / Review
City approval and subject to inputs
City approval and subject to inputs
City approval
Due Date
30 days after commence of each
Fiscal Year
Approval / Review
Changes subject to City approval
Draft Table of Contents
1. Intent
2. Points of Contact (individual names and contact details for Financial Accounting Manager and City)
3. Reporting Structure. Propose a system of financial and accounting reports to be prepared and submitted periodically (monthly unless otherwise noted). Such reports to include:
a. Budget Report to include monthly as well as year-to-date comparisons of actual expenditures to budgeted amounts.
b. Operating Statement and variance report identifying any significant variance (10%) between actual and budgeted reporting categories with discussion and analysis.
c. Payroll accounting/processing, including payroll taxes d. Bank statements, bank deposits and bank reconciliations.* e. Detailed cash receipts and disbursement records.*
f. General Ledger listing or list of disbursements.*
g. Accounts receivable and payable (on a quarterly basis).* h. Detailed general ledger trial balance (on a quarterly basis).*
4. Accounting System. Identify and describe the accounting system used to track expenditures.
5. Audit Policy
(*) Upon Request
Post Orders
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28 Intent
To establish the responsibilities, interfaces, protocol, and other details for Public Works Director and 3rd parties in relation to the ongoing diligent performance of security services and public safety at City Facilities.
Schedule and Approval Requirements
Milestone Due Date Approval / Review
Final Approved
Report 30 days after Contract Award City approval
Regular Updates 30 days after commence of each
Fiscal Year Changes subject to City approval
Draft Table of Contents
1. Intent
2. Points of Contact (individual names and 24/7 contact details for Public Works Director or designee and 3rd Parties)
3. Definitions (including agreed definitions for “peak hours", "after hours”, "office hours", “back of house”, “front / common areas,” “Incidents,” etc.)
4. Organization chart
5. Classification of Security Guards
a) To include all classifications
6. Job Description
a) Per Classification
7. Post Orders
a) Specific Location
b) Per Shift
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28 EXHIBIT E
KEY PERORMANCE INDICATORS
Key Performance Indicator Time Frame
Supervisors must be available twenty four hours a day, seven days a week, fifty two weeks a year, including eleven City observed holidays, to respond to security requests as deemed urgent by Public Works Director or designee.
24 hours, 7 Days a
Week.
Supervisor must respond to call out request within fifteen minutes of notification and implement appropriate resolution as approved by Public Works Director or designee.
15 Minutes
Vehicle/equipment shall be equipped with emergency lighting equipment to include by not limited to roof mounted light bar, radio and spot light. Equipment must always be in operable condition or a replacement vehicle shall be dispatched within 2 hours of notification to contractor
2Hours
Supervisors must ensure that all complaints, concerns and issues are responded to within sixty (60) minutes of notification from Public Works Director or designee, unless otherwise agreed upon.
60 Minutes
It is the Contractor’s responsibility to surrender the proximity access cards and keys within four (4) hours of employee termination
4 Hours
Contractor and Supervisors) shall meet with the Public Works Director or designee as often as required, but not less than once a quarter, to conduct inspections and resolve concerns.
Minimum
Once per Quarter
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Contractor must provide written record to Public Works
Director or designee within 5 (five) business days from date of request.
5 Business days
Items in need of repair must be reported to Public Works Director or designee within one (1) hour
I hour
'y4m
NON-COLLUSiON AFFIDAVIT TO BE
EXECUTED BY BIDDER AN SUBMITTED WITH BID
State of California )
) ss.
County of Orange )
N0u--u\o^-T^C. being first duly sworn, deposes and says that hg or she is A'VfyvaPvoti?-- of Soi.u-ut.AS> U^C-the party making
the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by any agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, 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 bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or \y£r bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
State of California )
) ss
County of /Var#y , )
Su
1 scribed and sworn to before me this
day of A-fr>i .--20)^
my-hand and official seal WiT
Notary Public
$
* A * * « Lul.
LAURA A, LAZARO |
: COMM. #2012040 §
'NOTARY PUBLIC CALIFORNIA 5
ORANGE COUNTY Sj
14,2017^■»V
Name of Bidder i Ac >
of Bidder atu
ZSOO €■
Su>te v*So
a ,6A
Address of Bidder
Approved as to form
City Attorney
By:________________
ALL SIGNATURES ON THIS NONCOLLUSION AFFIDAVIT
MUST BE WITNESSED BY A NOTARY
{attach appropriate jurats)
CERTIFICATION REGARDING LOBBYING
49 CFR PART 20-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [RESPONDENT] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement,
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C.1601, etseq.)}
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into finis transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
<&“te? -secocis- So uv X\C/^ ^
The RESPONDENT,. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the RESPONDENT understands and agrees that the provisions of 31 U.S.C. A 3801, etseq., apply to this certification and disclosure, if any.
U£_O.Oe_
•3.A
4 Signature of RESPONDENT'S Authorized Official
Name and Title of RESPONDENT’S Authorized Official
Date
[SEE DISCLOSURE OF LOBBYING ACTIVITIES FORMS FROM THE OCTA ON FOLLOWING PAGES]
65 | P a g e
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Approved by
OMB
003480045
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant
c. cooperative
agreement
b. initial award
c. post-award
b. materia! change
d. loan
e. loan guarantee
f. loan insurance
For Material Change Only:
year
quarte
r
date of last report
4. Name and Address of Reporting Entity:
□ Prime 0 Subawardee
Tier
_____, if known:
5. if Reporting Entity in No. 4 is a Subawardee, Enter
Name and Address of Prime:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if
applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
$
[Remainder of Page Intentionally Blank]
66 | P a g e
10. a. Name and Address of Lobbying b. Individuals Performing Project Services {including Entity address if
(if individual, last name, first name, Ml) : different from No. 10a) (last name, first name. Ml):
(attach Continuation Sheet(s) SF-LLL- A if necessary)
11. Amount of Payment (check all that apply): 13. Type of Payment, (check all that apply):
$ □ actual □ Dlanned □ a. retainer t
12. Forum of Payment (check all that apply): ] □ b. one-time fee □ a. cash j □ c. commission
□ b. in-kind: SDecifv nature: I □ d. contingent fee
value: j □ e. deferred
I □ f. other soecifv:
14. Brief Description of Project Services Performed or to be Performed and Date(sj of Service, including officer(s), employee(s) or Members) contracted for Payment indicated in item 11:
(attach Continuation Sheet(s) SF-LLL-A if necessary)
15. Continuation Sheet(s) SF-LLL-A attached: □
Yes □ No
[Remainder of Page Intentionally Blank]
67 | P a g e
16. Information requested through this form
is authorized by Code 31 U.S.C.
Section 1352. This disclosure of
lobbying activities is a material
representation of fact upon which
reliance was placed by the tier above
when this transaction was made or
entered into. This disclosure is
required pursuant to 31 U.S.C. 1352.
This information will be reported to the
Congress semi-annuaily and will be
available for public inspection. Any
person who fails to file the required
disclosure shall be subject to a civil
penalty of not less than $10,000 and
not more than $100,000 for each such
failure.
Signature:
Print Name: Si \i\VJ A, lPQT>r'
---TT-
Title: ^
Telephone No.: ^ cc&e \) q Date: \ | v Sx
Federal Use Only Authorized for Local
Reproduction
Standard Form - LLL
[Remainder of Page Intentionally Blank]
68 Page
INSTRUCTIONS FOR COMPLETION OF SF-LLL
DISCLOSURE OF LOBBYING ACTIVITIES
This DiSCLOSURE FORMS SHALL BE COMPLETED BY the reporting entity, whether Subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee” then enter the full name, address city, state, and zip code of the prime Federal recipient. Include Congressional District.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name if known. For example, Department of Transportation, United State Coast Guard.
7. Enter the Federal program name for description of the covered Federal action (item 1). If known, enter full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g. Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP DE-90-001.”
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9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the iobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a.). Enter Last Name, First Name, and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (Hem 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials.
Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Members) of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form; print his/her name, title, and telephone number.
Public reporting burden for this collection for information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Management and Budget Paperwork Reduction Project (0348-0446), Washington, D.C. 20503.
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DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET
Reporting Entity:. Page of
71 j Page
Authorized for Local Reproduction
Standard Form - LLL-A
CERTIFICATION
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
A. DEFINITIONS.
1. Authority, as used in this clause, means the Orange County Transportation Authority, acting on behalf of the Orange County Transit District.
2. Covered Federal action, as used in this clause, means any of the following Federal actions:
• The awarding of any Federal contract.
• The making of any Federal grant.
• The making of any Federal loan.
• The entering into of any cooperative agreement.
• The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement
3. Indian tribe and tribal organization, as used in this clause, have the meaning provided in Section 4 of the Indian self-determination and Education Assistance Act (25 U.S.C. 4508) and include Alaskan Natives.
4. Influencing or attempting to influence, as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.
5. Local government, as used in this clause, means a unit of government in a State and, if chartered, established, or other were recognized by a State for the performance of a governmental duty, including a local public AUTHORITY, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a focal government.
6. Officer or employee of an agency, as used in this clause, includes the following individuals who are employed by an agency:
a. An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment. • A member of the uniformed services, as defined in the subsection 101(3), Title 37, United States Code.
• A special Government employee, as defined in Section 202, Title 18, United States Code. •
• An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, Exhibit 2.
73 j P a g e
7. Person, as used in this clause, means an individual, corporation, company, association, AUTHORITY, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
8. Reasonable compensation, as used in this clause, means with respect to a regularly employed officer of employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
9. Reasonable payment, as used in this clause means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
10. Recipient, as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
11. Regularly employed, as used in this clause, means, with respect to an officer or employee of a person requesting or receiving by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
12. State, as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-state regional or interstate entity having governmental duties and powers.
B. PROHIBITIONS
1. Section 1352 of Title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions:
the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or, the modification of any Federal contract, grant, loan, or cooperative agreement.
2. The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds {including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement.
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3. The prohibitions of the Act do not apply under the following conditions:
a. Agency and legislative liaison by own employees.
i. The prohibition on the use of appropriated funds, in subparagraph B.1. of this clause, does not apply in the case of payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. ii. For purposes of paragraph B.3.a. (1) Of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.
iii. The following agency and legislative liaison activities are permitted any time where they are not related to a specific solicitation for any covered Federal action:
Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person’s products or services, conditions or terms of sale, and service capabilities.
Technical discussions and other activities regarding the application of adaptation of the person’s products or services for an agency's use. iv. The following agency and legislative iiaison activities are permitted where they are prior to formal solicitation of any covered Federal action:
Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and,
Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507, and subsequent amendments.
v. Only those services expressly authorized by paragraph B.3.a.{1) of this clause are permitted under this clause
b. Professional and technical services
i. The prohibition on the use of appropriated funds, in subparagraph 8.1. of this clause, does not apply in the case of:
75 | P a g e
A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid; proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission or negotiation of any bid, proposal, or application of that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action Include consultants and trade associations.
For purposes of paragraph B.3.a.(1) of this clause, professional and technical services shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission, or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client’s proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission, or negotiation of a covered Federal action.
iii. Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.
iv. Only those services expressly authorized by paragraph B.3.a.(t) and (2) of this clause are permitted under this clause.
v. The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
c. Disclosure
i. The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form OMB standard form LLL, Disclosure of Lobbying Activities, (Attachment to the bid package) if such person has made or had agreed to make any payment using non appropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph 8.1. of this clause, if paid for with appropriated funds.
ii. The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph 11.A. of this clause. An event that materially affects the accuracy of the information reported includes:
A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. iii. The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. iv. Ail subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the District at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.
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d. Agreement
The Contractor agrees not to make any payment prohibited by this clause. e. Penalties
i. Any person who makes an expenditure prohibited under paragraph a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
ii. Contractors may relay without liability on the representation made by their subcontractors in the certification and disclosure forms. f. Cost Allowability:
Nothing in this clause is to be interpreted to make allowable or reasonable any costs, which will otherwise be unallowable or unreasonable.
Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provisions.
DEBARMENT/SUSPENSION CERTIFICATE
NSTRUCTIONS ON CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is any material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the 79 | P a g e
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
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CERTIFICATION
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from a covered transaction by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements inXthis certification, such prospective participant shall include an explanation with this pripo^a^
_________________________ Signature of RESPONDENT’S Authorized Official 3e#ra£ V]
^^€jtK>, VVAfW?egName and Title of RESPONDENT’S Authorized Official Tv ' ___________ Date
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