• Citizens, contractors, and businesses can submit required documentation such as site plans through the Citizenserve online portal, and the documents are automatically associated with the relevant case, project, property, contact, and/or application. • Inspectors can attach documents from the field, including photos, notices of violation, certificates of occupancy, or other documentation generated during an inspection. • Staff can generate letters, emails, and other documentation that are automatically associated with the case, property, and application.
• As part of the plan review process, new versions of plans that contain markups are automatically associated with the relevant case, property, and application. • Staff can upload and attach any additional documentation related to a case, property, and/or application.
• Citizenserve subscriptions include unlimited storage. You will never be assessed a fee for storage or be restricted in the amount of storage used.
9.12 Cloud-Hosted Features
Citizenserve is only offered as a cloud-based, Software-as-a-Service. As a hosted solution, Citizenserve staff perform performance monitoring of the system; the City will not need to dedicate staff for these functions. The application servers and database are monitored continuously with alerting to ensure the continued optimal performance of the system. For example, the processor utilization, pages, memory utilization, and replication are all monitored.
Expensive queries are easily identified and can be optimized on a continual basis. The Iron Mountain Data Center uses a 3 ISP blend of mixed Internet access; our contracted bandwidth is 1 GB/second. Since the company was started in 2003, Citizenserve has exceeded 99.9% system availability and uptime.
9.12.1 Network Environment
Citizenserve is hosted in the Iron Mountain data centers. The primary data center is located in Phoenix Arizona; the backup data center is located in Edison, New Jersey. We have included a depiction of the Citizenserve architecture on the following page.
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9.12.2 System Updates and Enhancements
We release new features and any fixes once to twice a month; all are included in the Citizenserve subscription. Our model is not the typical “big bang” version upgrade that combines long lists of enhancement requests that have been gathered over months or years, with no improvement to the software between versions. Citizenserve is continually improving based upon customer feedback and requested enhancements.
Requests for new features and functionality (enhancements) are tracked in the Support Center that is built into Citizenserve. Users can subscribe to the updates and get a list via email of all the changes and fixes in the most recent version before it is released.
A Citizenserve subscription also includes major upgrades, which occur every few years. Major upgrades and the associated change management and training are offered at no additional charge. With new major features, the customers who requested these features are in the vanguard of testing the feature in the test environment and in moving to the feature or upgrade, providing us with great feedback early on so we can refine the features and fix any issues without affecting other customers, all while still on one software code base.
We have 20 years of experience managing the twice monthly software updates. We test changes in a full test environment with a full database copy. When a new version is ready, we move it to production; the process happens at night and only takes an application server restart, which requires less than 5 minutes total. Full database backups are performed when each new version is released and the prior version of the software is always available if there is a critical issue with the new version and the decision is made to roll back.
When new patches are released for server operating systems, we start by patching all non- production servers to ensure there are no issues, then patch production environments last. The exception to this approach is when known issues are imminent threats; in this case everything gets patched immediately. Since we maintain one high availability multi-tenant environment rather than hosted instances for each customer, the patching process is greatly simplified.
9.12.3 Security
We house our customers’ data in the Iron Mountain data centers. Our primary data center is in Phoenix, Arizona; our full backup data center is located in Edison, New Jersey. Both data centers are Uptime Institute Tier III Design Certified and SSAE 16 SOC 2 Type II Certified and are audited annually by Schellman & Company, LLC.
Physical security is managed by the Iron Mountain Data Center. The data centers are gated and secure. Iron Mountain employees and partners do not have logical access to Citizenserve systems hosted within their data centers. All Iron Mountain employees and partners undergo thorough background checks. Access to the data centers is restricted through controlled card
access systems. Data halls are secured with retina scan, key card, and PIN. Additional security includes mantraps and tailgate prevention. CCTV monitoring occurs 24/7/365, and security officers are onsite 24/7/365.
The Citizenserve equipment in the Iron Mountain Data Center facilities is dual corded, receiving power from two separate feeds, including separate power supplies. The equipment itself has dedicated uninterruptable power supplies and staggered power to redundant power supplies.
All Iron Mountain Data Centers have advanced fire suppression systems:
• Three-hour fire-resistant firewalls between each storage chamber. • Roofs constructed with noncombustible steel and metal decking and protected with NFPA-compliant sprinklers.
• Roof support structures independently support each records storage chamber in the event of a fire or natural disaster.
• Integrated water backup supplies exceed fire hose and sprinkler standards of two hours. • Fire detection and suppression systems are built according to guidelines set by the National Fire Protection Association.
Data Encryption
Citizenserve encrypts data at rest on workstations and devices through browser security encryption using TLS. Citizenserve enforces masking of PII and/or financial related information through application security.
Prevention of a DDoS
Citizenserve has never had an electronic or physical security breach. We use Malware Bytes to scan emails for emerging threats. Citizenserve uses two different companies for vulnerability scans: Halo Security (formerly TrustedSite) and Tenable. Both are SOC 2 and FedRAMP certified.
We have Windows and SQL Server alerting configured to notify the CIO/CISO and Director of Information Architecture of potential issues. Application logs are always available to enable usage analysis. We run penetration tests semi-annually as part of our annual PCI DSS and SOC 2 Type 2 credentialing
We use the Sonic Wall Suite with Analytics firewall; alerting is configured to notify the CIO/CISO and Director of Information Architecture of any potential threats. Features and protection types include:
• Stateful packet filtering – rule-based port and device access to resources. • GeoIP – Allows traffic filtering based on geographic location. • Gateway Anti-Virus – Enforces virus scanning on all incoming data for HTTP, FTP, and SMTP.
• Intrusion Prevention – Protects against agent and script-based attacks. • Anti-Spyware - Protects against specific trojan and adware-based attacks. • Botnet filtering - Blocks connections to/from Botnet Command and Control Servers. • Real time alerting – Monitors and alarms at critical conditions. • Syslog and analysis – Provides long-term log recording and traffic analysis.
Employee Training
Every Citizenserve employee takes multiple security training classes annually to ensure an ongoing focus on secure practices, the latest sources of vulnerability, and prevention of threats.
Training includes:
• 2023 Common Threats,
• PCI,
• Data Privacy,
• Data Protection Essentials,
• Internet Security When You Work From Home,
• Phishing,
• Ransomware,
• Security Awareness, and
• Security Application Development: OWASP Top 10 (for technical staff).
Cybersecurity Insurance
We have cyber insurance that includes breach investigation and mitigation; we will include the City as additional insured.
Third Party Audits
PCI DSS Certification. We store no credit card information in our databases, just a confirmation code for each credit card transaction. Citizenserve is credentialed annually as a Payment Card Industry (PCI) DSS Level 2 Service Provider with Abrams Security Group, a PCI DSS certified Qualified Security Assessor. The latest PCI DSS Level 2 Service Provider credential is dated 03/15/2023 and will be renewed 03/15/2024.
SOC 2 Type 2 Audits. Citizenserve is audited annually for Service Organization Control 2 (SOC 2) Type 2 compliance with Moore Colson. The latest SOC 2 Type 2 audit concluded August 31, 2022; the current audit began September 1, 2022 and concludes August 31, 2023.
9.12.4 System Backups
Citizenserve runs with a single code base in a multitenant environment. We replicate all databases, application servers, and operations from the primary data center in Phoenix, Arizona to the backup data center in Edison, New Jersey. We operate under a business continuance approach; in a failover situation, all our support and test systems need to be available for us to continue operations. We also replicate locally in Phoenix. We have copies locally of all servers in the event of a server failure.
Incremental backups or logs are made every 15 minutes and the logs are kept indefinitely so data can be restored to any point in time. Full backups are performed twice weekly and whenever a new version is released. Full backups are always test restored in read-only recovery mode to allow for logs to be restored, if necessary, to the backup copy. Database consistency checks are performed regularly with offline copies. At least one full copy is maintained per month for historical archiving. Combined with the logs, we can restore to any point in time.
Online database replicas are maintained at the primary data center. In the event of a hardware failure we do not have to switch to the secondary data center. Data is replicated to a regionally diverse location in the secondary data center. System Recovery Time Objective (RTO) on
production servers for minor failures such as a server failure is less than one hour. RTO on production servers for major failures such as a data center failure is four hours. System Recovery Point Objective (RPO) is 15 minutes on application servers and database servers.
If a server fails, we have a backup server. If the facility fails, we have a geographically diverse backup data center. If our data center provider fails, we have a standby facility capable of restoring operations in less than an hour. No other solution will provide more secure storage in the event a customer experiences a natural disaster or other emergency.
9.12.5 Uptime
Citizenserve has maintained or exceeded 99.9% uptime since the inception of the company.
9.12.6 City’s Data Upon Contract Termination
The City owns its data. Upon contract termination we will provide a copy of the City’s data to the City in Microsoft SQL Server format.
SECTION 10 – DRAFT SERVICE AGREEMENT
We have included a copy of our standard agreement below, as requested in the RFP. We agree to use the City’s Standard Service Agreement, with the additions provided in Section 6 – Additions and Exceptions.
DRAFT SERVICE AGREEMENT
THIS SERVICE AGREEMENT (the “Agreement”) between Online Solutions LLC. (“Citizenserve”) with its principal place of business 1101 East Warner Rd, Suite 160, Tempe, Arizona 85284 and the _____________________ (“Customer”) with its principal place of business at ______________________________________ is made effective as of _________________ (“Effective Date”).
1. ONLINE SOLUTIONS DELIVERY OF SERVICES:
Citizenserve grants to Customer a non-exclusive, non-transferable, limited subscription to access and use the Citizenserve software service in consideration of the fees and terms described in the Citizenserve Order Form.
The subscription will begin on the date specified in the order form which is the date Citizenserve will begin providing services. On this date Citizenserve’s responsibilities begin regarding providing support services, infrastructure, backing up data, performing setup and configuration. Implementation and “go live” timelines vary based on the availability and responsiveness of Customer’s personnel and on the Customer’s priorities and objectives. Citizenserve and Customer agree that they will work collectively, as described in the Citizenserve Statement of Work, on a best-efforts basis to achieve a satisfactory conversion from legacy systems and to achieve the Customers implementation objectives.
2. CUSTOMER RESPONSIBILITIES:
Customer acknowledges it is receiving only a limited subscription to use the Software Service and related documentation, if any, and shall obtain no title, ownership nor any other rights in or to the software, service and related documentation, all of which title and rights shall remain with Citizenserve. In addition, Customer agrees that this subscription is limited to applications for its own use and may not lease or rent the Service nor offer its use for others. All Customer data is owned by the Customer.
3. SERVICE LEVELS:
Citizenserve will use commercially reasonable efforts to backup and keep the Service and Authorized Website(s) in operation consistent with applicable industry standards and will respond to customers’ requests for support during normal business hours.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. CITIZENSERVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
4. TERMINATION:
Either party may terminate this agreement for cause if the terminating party gives the other party sixty (60) day’s written notice prior to termination. Should Customer terminate without cause after the first date of the term as defined in the Citizenserve Order Form, Customer must pay the balance of the current contracted term and this payment obligation will immediately become due. Citizenserve may terminate services if payments are not received by Citizenserve as specified in the Citizenserve Order Form.
Upon any termination, Citizenserve will discontinue Services under this agreement; Citizenserve will provide Customer with an electronic copy of all of Customer’s data, if requested; and, provisions of this Agreement regarding Ownership, Liability, Confidentiality and Miscellaneous will continue to survive.
5. NO THIRD PARTY RIGHTS
The provisions of this agreement are intended to bind the undersigned parties as to each other and are not intended to and do not create rights in any other person or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of this agreement.
6. ACCEPTABLE USE:
Customer represents and warrants that the Services will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, policies, terms and procedures.
Citizenserve may, upon misuse of the Services, request Customer to terminate access to any individual and Customer agrees to promptly comply with such request unless such misuse is corrected.
7. CONFIDENTIALITY:
Each party hereby agrees to maintain the confidentiality of the other party’s proprietary materials and information, including but not limited to, all information, knowledge or data not generally available to the public which is acquired in connection with this Agreement, unless disclosure is required by law.
Each party hereby agrees not to copy, duplicate, or transcribe any confidential documents of the other party except as required in connection with their performance under this Agreement. Customer
acknowledges that the Services contain valuable trade secrets, which are the sole property of Citizenserve, and Customer agrees to use reasonable care to prevent other parties from learning of these trade secrets or have unauthorized access to the Services. Citizenserve will use reasonable efforts to ensure that any Citizenserve contractors maintain the confidentiality of proprietary materials and information.
8. MISCELLANEOUS PROVISIONS:
This Agreement will be governed by and construed in accordance with the laws of the State of _______________.
Citizenserve may not assign its rights and obligations under this Agreement, in whole or part, without prior written consent of Customer, which consent will not be unreasonably withheld.
9. ACCEPTANCE:
Authorized representatives of Customer and Citizenserve have read the foregoing and all documents incorporated therein and agree and accept such terms effective as of the date first written above.
Customer:
Date:
Signature:
Print Name:
Title:
“Customer”
____________________________
____________________________
____________________________
____________________________
Online Solutions,
LLC
Date:
Signature:
Print Name:
Title:
____________________________
____________________________
____________________________
____________________________
CITIZENSERVE STATEMENT OF WORK
This Statement of Work (SOW) defines the services and deliverables that Citizenserve provide Customer. All services will be conducted remotely.
Implementation Scope
Citizenserve will use an agile methodology to engage in the implementation phases.
Completion of the Setup Checklist. The Citizenserve account manager will provide a Setup Checklist of supporting documentation that will be required to begin the setup. The supporting documentation typically includes items like copies of permit and license applications, fee structures, notices, and forms, etc. Customer team will work to gather all the documentation and information included in the Setup Checklist.
Project Kickoff. The project kickoff meeting includes the key Customer and Citizenserve team members. The Citizenserve implementation manager will work with the Customer’s project manager to develop the agenda and PowerPoint presentation for the kickoff meeting. Key components of the project will be discussed including roles, responsibilities, timeline, and objectives. The Citizenserve implementation manager will provide a report summarizing the meeting and assigning action items.
System Walkthroughs. A weekly meeting will be scheduled with the customer team and the implementation manager. The Citizenserve implementation manager will familiarize the Customer’s team members on citizenserve at the beginning of the walkthroughs to enable the team to make informed decisions on configurations and workflows. During the walkthrough meetings, the team will review each area of the system and make a list of changes or additions. In the days before the next meeting, the Customer team will get “hands on” with citizenserve, trying out the new configurations, running new reports, and identifying any needed changes. The walkthroughs and the hands-on practice make up an iterative process that allows Customer to clarify or improve upon existing processes and configure Citizenserve to support those processes.
The weekly walkthroughs are held with customer staff who are familiar with the Customer’s business processes and associated requirements for configurations, workflows, and reporting. It is critical that the staff who attend the meetings have the knowledge and experience required to provide accurate requirements; we therefore will not conduct the walkthroughs with a surrogate such as a consultant or contractor. If the Customer’s subject matter expert staff are not available, we will postpone the walkthroughs until the staff members have availability to attend the meetings and complete assignments before the next meeting.
Data Conversion. Citizenserve staff will perform the data conversion by module/function. Once the setup for a module is nearly complete and the Customer has delivered to Citizenserve the data to be converted, Citizenserve will begin creating programs to convert and import the related Customer data.
This process cannot take place until all custom fields for the module that are related to a legacy system
have been identified and configured in Citizenserve. The City’s team will be responsible for selecting test cases in the legacy system and providing screen shots from each of the legacy screens; our data conversion lead will use these screen shots to map the Citizenserve fields to the legacy fields.
The Customer’s team members will review and test the converted data and provide written feedback on any errors or required changes; updates will be made to the conversion script as needed. It is critical that the Customer’s team put in the time and effort to thoroughly review the data conversion and identify any issues before go live so that corrections can be made to the conversion script. The data conversion import can be modified and run as many times as needed prior to go live to ensure the accuracy of imported data during this phase.
Integration. The requirements for the configurations of the integrations will be gathered during the weekly walkthroughs. The Citizenserve system architect will develop the scripts for the integration points on the Citizenserve side (development of code to export data from or accept data into Citizenserve); if an API is not available, the Customer’s technical resources will be responsible for developing the code to export data to Citizenserve or accept data from Citizenserve. The Customer’s team will test the data exchanged between Citizenserve and the external systems and will provide feedback on needed changes.
Training. Prior to go live, staff members will be trained online in small groups. Training will be conducted via web conferencing in small groups. The web conferences used for training can be recorded and edited for later viewing. Each training session will focus on a specific group’s core job responsibilities. Most users will attend one or two training sessions that last up to four hours; additional one-on- one training sessions can be scheduled as needed.
Go Live. Final data will be provided on a Friday afternoon. Over the weekend all test data will be removed from the system and the legacy data will be converted.
Ongoing Support. The weekly walkthrough meetings will continue for 2-4 weeks after go live to identify any issues or changes needed.
After go live, users can request support for any needs or questions through the Citizenserve support center. Response time to a support request is within 4 hours; urgent requests receive a response within an hour.
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 7.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AP P RO VAL O F RE S O L UT IO N AND F UND ING AG RE E M E NT WI T H T HE D E PART M E NT
O F HO US ING AND URB AN D E V E L O P M E NT F O R T HE J O HN ANS O N F O RD PARK
RE G IO NAL AQ UAT IC S C E NT E R P RO J E C T
D AT E:October 23, 2023
RE C O M M E ND AT IO N:
I t is staf f ’s recommendation that the City Council:
1. A dopt the attached resolution; and
2. Approve F Y 2023 Community Project F unding Grant A greement No. B -23-C P-C A -0202 with the D epartment of Housing and Urban Development (HUD ) for the J ohn A nson F ord P ark Regional A quatics C enter F unding.
B AC K G RO UND/D IS C US S I O N:
I n March 2022, Recreation and Community S ervices staff reached out to former Congresswoman L ucille R oybal- Allard requesting monetary assistance for the J ohn A nson F ord Park Aquatic Center (P ool P roject). O n December 20, 2022, the “Bell Gardens R egional Aquatic Center” was listed on the joint explanatory statement (J E S) and printed in the Senate section of the Congressional R ecord. S taf f received notice in March 2023 that the F ord P ark R egional A quatic Center was awarded a $1,500,000 from the E conomic Development I nitiative (E D I ) - C ommunity Project F unding/C ongressionally Directed S pending (C P F ) grant.
I n order to accept these f unds, the City must enter into a grant agreement with HUD and adhere to the regulations of the grant funds that are set forth in the grant agreement.
T hese f unds are reimbursable, which means that the City will pay f or project costs and then be reimbursed f or expenses made towards the P ool Project.
C O NC L US I O N:
Staf f is requesting that the Council adopt the resolution and approve the grant agreement with HUD in order to accept the $1,500,000 grant from E conomic Development I nitiative for C ommunity Project F unding/Congressional Spending.
F I S C AL I M PAC T:
T he general fund as well as other funding sources will be used to pay for P ool Project work which will then be reimbursed through the $1,500,000 C P F grant.
AT TAC HM E NT S :
367
D escription
Exhibit 1 - Resolution No. 2023-90
Exhibit 2- A greement
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 368
1 of 3
RESOLUTION NO. 2023-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING FY 2023 COMMUNITY
PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0202 BY
AND BETWEEN THE CITY OF BELL GARDENS AND THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of Bell Gardens (“City”) is in the process of renovating the John Anson Ford Park Aquatics Center (the "Aquatic Facility") located at 7950 Scout Ave.
Bell Gardens, CA 9020; and
WHEREAS, the City requested grant funding from former Congresswoman Lucille Roybal-Allard for the Aquatic Facility renovations; and
WHEREAS, the City was informed it was awarded One Million Five Hundred Thousand Dollars ($1,500,000); and
WHEREAS, the City must execute FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA-0202 (“Grant Agreement”) with the Department of Housing Urban and Development before the City can obtain funding; and
WHEREAS, the City of Bell Gardens wishes to enter in to the Grant Agreement with the Department of Housing and Urban Development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves the Grant Agreement and authorizes and directs the City Manager to execute the Grant Agreement attached hereto as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Grant Agreement, including any amendments, extensions, and other documents consistent with the Grant Agreement and this Resolution.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest 369Exhibit 1
Resolution No. 2023Resolution No. 2023Resolution No. 2023Resolution No. 2023----90909090
and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 23rd day of October, 2023.
THE CITY OF BELL GARDENS
_____________________________
Francis De Leon Sanchez
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
370Exhibit 1
Resolution No. 2023Resolution No. 2023Resolution No. 2023Resolution No. 2023----90909090
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Daisy Gomez
City Clerk
371Exhibit 1
GRANT AGREEMENT NO. B-23-CP-CA-0202
FY 2023 COMMUNITY PROJECT FUNDING
This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Bell Gardens (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $1,500,000 available to the Grantee.
ARTICLE II. Total Grant Amount
7100 Garfield Ave. Bell Gardens, CA 90201
B-23-CP-CA-0202
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous Grants
Date of grant obligation
August 31, 2031
Grantee Name:City of Bell Gardens
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Federal Award Identification Number (FAIN)
Assistance Listing Number and Name
Period of Performance/Budget Period Start Date
Period of Performance/Budget Period End Date
Grantee's Employer Identification Number (EIN)
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement . For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
372Exhibit 2
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0202
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD’s Office of Economic Development - Congressional Grants Division through the assigned Grant Officer . The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line-item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The HUD Office of Economic Development – Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308 , the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 202 3 and the Explanatory Statement are hereby incorporated a nd made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grant s regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement . In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deduc ted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute.
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F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (in cluding appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement . Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the chang e if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), i f the Grantee is an Institu tion of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement .
H. The Grantee is respon sible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for -profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a “non -Federal entity” that receives a subaward .
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the re sponsibilities for environmental review and decision- making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
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C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons an d households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sec tions of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which are hereby incorpo rated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance M atters in Appendix 4 to this Grant Agreement.
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I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101 -121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal con tracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award docume nts for all sub-awards at all tiers (including subcontracts, subgrants, and contr acts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form - LLL (SF-LLL), “Disclosure of Lobbying Activities.” In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L . 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance fo r a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR pa rt 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre -1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead - based paint rules (Lead Disclosur e; and Lead Safe Housing (24 CFR part 35)), and EPA's lead - based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Hous ing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u , and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3
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accomplishment Performance Measures in DRGR in January of the calendar year.
This report reflects Section 3 accomplishments for the previous calendar year .
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (inclu ding energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107 - 118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography.
This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement .
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D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the a ccount up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment u nder the grant no later than September 15, 2031.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirem ents apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement , the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website ( https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html) .
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D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
( https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement .
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi -annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds .
E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability
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requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project , the reasons for slippage if established object ives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award . If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, su bmissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________ Robin J. Keegan,
Deputy Assistant Secretary for Economic Develo pment
_________________________________________________
(Date)
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APPENDIX 1 – Project Narrative
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APPENDIX 2 – Approved Budget
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below :
The Grantee will not use an indirect cost rate to charge its indirect costs to the grant.
The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base _________________________ _____________% ______________ _________________________ _____________% ______________
[PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s indirect costs under the grant . The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients.
For government entities, enter each agen cy or department that will carry out activities under the grant, the indirect cost rate applicable t o each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of dire ct cost base in the first row of the table.
For nonprofit organizations that use the Multiple All ocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee In tegrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performan ce system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 87 2 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Fede ral procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five -year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of del iverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea o f nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside in formation with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (includin g a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in -laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, taking into account the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions . HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how th at disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for excepti ons. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requireme nts in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwi se not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low - or moderate- income persons intended to be the beneficiaries of the assisted activity, and the exception
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will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a posit ion as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0202
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.“Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtai ning of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0202
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of traffi cking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 8.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AWARD O F P RO F E S S I O N S E RV I C E S AG RE E M E NT F O R S E C URIT Y G UARD
S E RV I C E S F O R T HE B E L L G ARD E NS S P O RT S C E NT E R, V E T E RANS PARK AND C IT Y
HAL L PARK I NG L O T
D AT E:October 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council:
1. Adopt the attached resolution; and
2. Authorize the C ity Manager to execute a Professional Services A greement f or security guard services with American Global S ecurity, f or a three-year term with the option of two one-year year extensions and subject to approval by the City Attorney.
B AC K G RO UND/D IS C US S I O N:
On S eptember 7, 2023, the C ity issued a Request for Proposals (“R F P ”) for Security Guard S ervices f or the B ell Gardens S ports Center, Veterans P ark and City Hall Parking L ot. Sixteen proposals were received.
T he proposals were reviewed by a panel comprised of multiple City Staf f . Proposals were evaluated on the proposer’s ability to provide services that meet the requirements set forth in the R F P, relevant experience, as well as service expertise. T he R F P also stipulated the C ity’s desire to enter into a 3-year agreement with the option of two additional one-year terms. A merican Global S ecurity demonstrated a thorough understanding of the City’s needs and has extensive experience providing similar security guard services in local municipalities. Staf f reached out to American Global Security in order to negotiate their f ees, and they have agreed to lower some of their fees so that the total cost of the agreement will not exceed $425,000.
C O NC L US I O N:
After a thorough review of proposals, American Global S ecurity successfully demonstrated their understanding, competence, and qualif ications for the types of services required in the Security Guard Services for T he City of B ell Gardens Sports Center, Veterans P ark and City Hall P arking L ot R F P. Therefore, it is staff’s recommendation to enter into a Prof essional Services A greement with A merican Global Security.
F I S C AL I M PAC T:
T his service will be paid out of and is budgeted f or in the Fiscal Year 2023-24 General F und and Sports Complex F und B udget. T he total amount of the agreement will not exceed $425,000 f or the term of the agreement.
AT TAC HM E NT S :
393
D escription
Exhibit 1 - Resolution No. 2023-91
Exhibit 2- P S A A merican Global Security
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 394
RESOLUTION NO. 2023-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
AMERICAN GLOBAL SECURITY, INC. FOR SECURITY GUARD
SERVICES
WHEREAS, the City of Bell Gardens (“City”) requires security guard services for the City of Bell Gardens Sports Center, Veterans Park, and City Hall Parking Lot; and
WHEREAS, in accordance with Bell Gardens Municipal Code (“BGMC”) Section
3.04.105, on September 28, 2023, the City released a Request for Proposals for Security Guard Services for the City of Bell Gardens Sports Center, Veterans Park and City Hall Parking Lot (“RFP”); and
WHEREAS, the City received sixteen proposals; and
WHEREAS, after reviewing and scoring the proposals, City staff determined that American Global Security, Inc. is qualified to perform the services requested based on its successful track record, expertise and competitive rates; and
WHEREAS, the City desires to enter into an agreement with American Global Security, Inc. for security services for a three-year term with an optional two one-year extensions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.
SECTION 2. The City Council hereby approves a Professional Services Agreement for security services by and between the City and American Global Security, Inc., in a form approved by the City Attorney, for a total not-to-exceed amount of Four Hundred Twenty-Five Thousand Dollars ($425,000).
SECTION 3. The City Council hereby authorizes the City Manager to execute the agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
395Exhibit 1
Resolution No. 2023-91
2 of 3
PASSED, APPROVED, and ADOPTED this 23rd day of October, 2023.
THE CITY OF BELL GARDENS
_____________________________
Francis De Leon Sanchez,
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
396Exhibit 1
Resolution No. 2023-91
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Daisy Gomez
City Clerk
397Exhibit 1
1 2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Security Guard Services)
(Parties: American Global Security, Inc. and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and AMERICAN GLOBAL SECURITY, INC. (hereinafter, “CONSULTANT”). For the purpose of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires full service security guard services at the Bell Gardens Sports Center, as-needed special event security services at Veterans Park, and as- needed security services for the parking lot of City Hall; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of three (3) years commencing from the Effective Date (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement pri or to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals for Security Guard Services for the City of Bell Gardens Sports Center, Veterans Park and City Hall Parking Lot” (hereinafter, “CITY RFP”), dated September 7, 2023, and 398Exhibit 2
2 the written proposal of CONSULTANT entitled “RFP Proposal Response Packet for City of Bell Gardens Security Guard Services” (hereinafter, the “CONSULTANT PROPOSAL”) dated September 28, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.
The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inco nsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agre ement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3 (A), above.
C. Time is of the essence in the performance of Work under this Agreement, 399Exhibit 2
3 and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the Cost Proposal (hereinafter, the “FEE SCHEDULE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($425,000) (hereinafter, the “Total Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Total Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Total Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.3, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or 400Exhibit 2
4 additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Elizabeth Nava, Director of Recreation and Community Services (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement.
The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Sulaiman Abdul Wali, Regional Vice President, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government 401Exhibit 2
5 Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior 402Exhibit 2
6 written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws 403Exhibit 2
7 control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
404Exhibit 2
8 C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial 405Exhibit 2
9 well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, 406Exhibit 2
10 expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
407Exhibit 2
11 V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the 408Exhibit 2
12 Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
409Exhibit 2
13 CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in 410Exhibit 2
14 this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONS ULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data pre pared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
411Exhibit 2
15 6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
American Global Security, Inc.
P.O. Box 371653
Reseda, CA 91337
Attn: Sulaiman Abdul Wali,
Regional Vice President
Phone: 323-266-9762
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Elizabeth Nava,
Department of Recreation and
Community Services
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to ach ieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
412Exhibit 2
16 6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into 413Exhibit 2
17 between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
414Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
AMERICAN GLOBAL SECURITY, INC.:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
415Exhibit 2
19 EXHIBIT “A”
CITY RFP
416Exhibit 2
7100 Garfield Avenue, Bell Gardens, Ca 90201 562-806-7700 www.bellgardens.org
REQUEST FOR PROPOSALS
Security Guard Services for The City of Bell Gardens Sports Center, Veterans Park, and City Hall Parking Lot
RFP RELEASE DATE
September 7, 2023
PROPOSAL SUBMITTAL DEADLINE
5:00 p.m., Thursday, September 28, 2023
Contact Person:
Elizabeth Nava, Director of Recreation and Community Services Direct: 562-806-7650
email: [email protected]
417Exhibit 2
Security Guard Services 2
Table of Contents 2
Introduction and Background 3
Submittal Procedures / Deadline 4
Scope of Services 7
Point of Contact and Communication 10
Evaluation Criteria 11
Instructions, Terms and Conditions 12
Professional Services Agreement Template 15
TABLE OF CONTENTS
418Exhibit 2
Security Guard Services 3
The City of Bell Gardens (“City”) is soliciting proposals from qualified and dependable security guard service providers (“Proposer”) to provide professional and full service security guard services (“Services”) the Bell Gardens Sports Center, as-needed special event security services at Veterans Park, and as-needed security services for the parking lot of City Hall (collectively, the “Premises”). The Services include the right, privilege, and duty to equip, operate and schedule security guards at the Premises for the sole purpose of providing unarmed security guard services.
It is the intent of the City to select a single proposer to accomplish and/or supply all services outlined in the Request for Proposals (“RFP”).
The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.
The City of Bell Gardens was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Cudahy, Downey, South Gate, and Bell.
As of the 2020 United States Census, the City had a population of approximately 39,501 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.
The City utilizes a City Council/City Manager form of government. The City Council provides political leadership and policy direction, and the City Manager works under the direction of the City Council and functions as the manager of the City employees and department heads. All City elections are governed by the California Elections Code.
INTRODUCTION AND BACKGROUND
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Security Guard Services 4
MINIMUM QUALIFICATIONS
To be considered for selection, proposers must demonstrate knowledge and experience providing local government agencies or municipalities with high quality security services.
PROPOSAL CONTENT AND SUBMITTAL INSTRUCTIONS
A. Deadline: Proposals must be received no later than 5:00pm on Thursday, September 28, 2023.
B.Location: Proposals can be submitted via [email protected] or the City Clerk’s Office at 7100 Garfield Avenue, Bell Gardens, CA 90201, up to the hour of 5:00pm on Thursday, September 28, 2023. Proposals received after this time will be considered to be non-responsive.
C.Submission: Proposals must be completed and received by the due date and time. Postmarks by the due date and facsimiles are not acceptable. Late submissions or delivery via facsimile will not be considered. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
The City assumes no responsibility for delays caused by mail or delivery service.
Postmarking by the due date will not substitute for actual receipt. Proposals may be submitted as follows:
1)Electronic: Proposals must be submitted in PDF format via [email protected] up to the hour of 5:00pm on Thursday, September 28, 2023. One copy of the entire proposal is required. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “Security Guard Services RFP Response”.
2)Personal Delivery by messenger services to the City Clerk’s Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201. Proposals must be submitted in an envelope, and clearly marked “City of Bell Gardens – Security Guard Services”. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.
3)Mail: If submitting by mail, please ensure “City of Bell Gardens – Security Guard Services” is written in the lower left‐hand corner of the envelope. Two
SUBMITTAL PROCEDURES / DEADLINE
420Exhibit 2
Security Guard Services 5
(2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.
D. Content: The following instructions describe the form in which proposals should be submitted. Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items may be considered incomplete and may be rejected. Proposal documents should provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Proposer from furnishing additional reports, functions, and costs as deemed appropriate. The proposal should contain the following seven (7) elements describing how the Proposer will perform the assignment:
1) Transmittal Letter. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services.
i Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2) Management and Staffing. Describe the management and staffing configuration to be utilized to complete the Scope of Services. Describe the qualifications of staff, their title, and types and amount of equivalent experience.
The proposal must indicate who will have primary responsibility for the Services.
3) Cost and Pricing. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail.
4) Additions or Exceptions. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR
PROPOSAL” containing a complete and detailed description of all the Proposer’s exceptions to the provisions and conditions of the attached City standard professional services agreement. A sample agreement is attached as “Exhibit A.”
5) Pending Litigation. Include an explanation and status, if in the last five years, the firm or office or principal of the firm has been involved in any substantial complaints, litigation, legal proceedings, or investigations by a regulatory authority.
421Exhibit 2
Security Guard Services 6
6) Insurance. Evidence of commercial liability, professional liability, and workers compensations insurance coverage must be included. Insurance requirements are listed on the sample agreement attached as “Exhibit A.” 7) Security Service References. Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.
E. Cost of Response Preparation. Issuance of this RFP does not commit the City to award an agreement or to pay any costs incurred in preparation of a Proposal or any response to this RFP. The City will make no reimbursement for any cost incurred by a prospective Consultant for the preparation of a response to this Request for Proposals
F. Schedule: The tentative schedule* for this RFP is as follows:
SCHEDULE
RFP Available Online September 7, 2023
Deadline to Submit RFP Questions September 21, 2023
Answers to RFP Questions Posted Online September 26, 2023 Proposal Due Date September 28, 2023, by 5:00pm
Proposal Review Period September 29 – October 18, 2023
Awards Posted October 24, 2023
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids .
All times are in pacific standard time (PST).
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Security Guard Services 7
SCOPE OF SERVICES
The City is interested in retaining a Proposer who will provide full service security guard services including, but not limited to those listed below. The Proposer will be responsible for providing full service security at the City’s Sports Center, as- needed special event coverage at Veterans Park, and as-needed parking lot coverage at City Hall. The selected Proposer will be responsible for clearing patrons and securing access to the Premises during operating hours. A summary of the Services that shall be included is as follows:
A. Assist with patrons and visitors (e.g. providing directions and information).
B. Actively monitor and patrol the Premises to circumvent undesirable activity and address prohibited behavior (e.g. drinking or substance abuse on the Premises, urination in public, vandalism, etc.).
C. Report suspicious activity or disturbances that warrant an elevated response to the Bell Gardens Police Department, including, but not limited to Premises damage, vandalism, and other criminal offenses, and assist Bell Gardens Police Department personnel as needed.
D. Take reasonable and appropriate steps to mitigate disturbances caused by any groups or crowds gathering on the Premises.
E. Escort staff to and from parking areas upon request.
F. Regularly patrol City sidewalks and walkways in and around the Premises.
G. Employ the use of technology (such as video surveillance, audio visual talk down, recorded messages, etc.) in a layered approach to enhance security efforts.
H. Parking and crowd control during large events, including ensuring that the Premises do not exceed their respective occupancy levels, and monitoring all entry aspects of the Premises.
I. Aid in evacuation of the Premises in case of an emergency.
J. Communication and enforcement of the Premises rules and municipal code, including, but not limited to enforcing rules relating to the consumption of alcoholic beverages and substance use, including preventing service of alcohol
SCOPE OF SERVICES
423Exhibit 2
Security Guard Services 8
to minors, identification checks and ensuring no alcohol is consumed on the Premises, except where legally authorized.
K. Remain on-site until patrons leave the Premises, or until the Bell Gardens Police Department arrives to remove patrons from the Premises.
L. Report any Premises maintenance issues observed while patrolling and/or clearing the Premises to the Director of Recreation and Community Services via email or telephone within 24-hours of such observation.
M. Submit a written report to the Director of Recreation and Community Services in the event of an incident, accident involving an injury, or any situation in which the Bell Gardens Police Department is called, within 24-hours of such incident.
N. Furnish excellent communication with the City staff via email, telephone, and in- person meetings on an as-needed basis.
SECURITY GUARD REQUIREMENTS
Proposer must maintain the following standards of its security guards:
A. Maintain a current State of California guard card and maintain appropriate certifications for safety equipment such as batons, pepper spray, etc.;
B. Be at least eighteen (18) years of age;
C. Be pleasant and courteous to clients, patrons and staff at all times;
D. Be sensitive to the diversity of patrons and staff;
E. Be physically and emotionally capable of performing assigned tasks;
F. Possess the required level of training and qualifications for the work assigned;
G. Effectively communicate and follow written and oral instructions in English;
H. Be able to perform duties outlined with authority; quickly and quietly yet not be abusive, abrasive, or threatening;
I. Discourage individuals from gathering/meeting in a disruptive way or in any way that disturbs other patrons;.
J. Report to the site on or before the designated shift start time ready to begin work;
K. Check-in with supervising City staff or their designee prior to each shift for any updates and/or additional duties;
424Exhibit 2
Security Guard Services 9
L. Document time worked and submit to City staff;
M. Request the assistance of the Bell Gardens Police Department if any individual becomes abusive or unmanageable. Ensure that the supervising City Staff or their designee and the Bell Gardens Police Department have the on-duty security guard’s cellular phone number; and
N. Prepare a Daily Activity Report (DAR) recording all patrols, incidents, actions, and other pertinent data for the City designee.
Consideration should be given to the possibility that the City may request additional services related to various special events, and the Proposer must be able to provide services at various days and times within City limits.
425Exhibit 2
Security Guard Services 10
POINT OF CONTACT
This RFP is issued by the City, and the Director of Recreation and Community Services and Recreation Supervisor will be the point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Bell Gardens
Attention: Elizabeth Nava, Director of Recreation and Community Services 7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7650
Email: [email protected]
EX PARTE COMMUNICATIONS
Proposers and Proposers’ representatives shall not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, regarding this RFP until after Agreement Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
POINT OF CONTACT AND COMMUNICATION
426Exhibit 2
Security Guard Services 11
EVALUATION OF PROPOSALS
Proposals will be evaluated on the Proposer’s ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. The Proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. The adequacy, depth, and clarity of the Proposal will influence, to a considerable degree, its evaluation.
EVALUATION CRITERIA
427Exhibit 2
Security Guard Services 12
PROFESSIONAL SERVICES AGREEMENT
Upon conclusion of the RFP process, the Director of Recreation and Community Services will recommend a proposer to the City Council. The successful Proposer will be required to enter into a Professional Services Agreement with the City for a 3-year agreement with the option of two one-year extensions. A copy of the City’s Professional Services Agreement is attached and incorporated as Exhibit “A”. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work.
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.
B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed.
Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
C. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,”
INSTRUCTIONS, TERMS AND CONDITIONS
428Exhibit 2
Security Guard Services 13
“Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
D. Proposers shall prepare and develop proposals at their sole cost and expense.
E. The City makes no representations of any kind that an award of an agreement will be made because of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City’s best interest.
F. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
G. Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal.
I. The City may evaluate the proposals based on the anticipated completion of all or any portion of the requested services. The City reserves the right to divide the requested services into multiple parts, to reject any and all proposals and re- solicit for new proposals, or to reject any and all proposals and temporarily or permanently abandon the requested services.
J. The City may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
K. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
L. The City of Bell Gardens expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.
N. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
429Exhibit 2
Security Guard Services 14
• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Proposer’s default under any agreement, which results in termination of the Agreement.
O. Acceptance of any proposal is contingent upon the Proposer’s certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal Code.
P. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Q. Any questions or clarification related to the contents of the RFP must be submitted to the City Clerks’ Office by or before Thursday, September 21, 2023.
Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids to all Proposers.
430Exhibit 2
Security Guard Services 15
EXHIBIT “A”
PROFESSIONAL SERVICES AGREEMENT
431Exhibit 2
1 2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through INSERT DATE (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and
incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the 432Exhibit 2
2 CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;
D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the 433Exhibit 2
3 Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
434Exhibit 2
4 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from 435Exhibit 2
5 CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided 436Exhibit 2
6 such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
437Exhibit 2
7 III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and 438Exhibit 2
8 authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, 439Exhibit 2
9 insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in 440Exhibit 2
10 the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform 441Exhibit 2
11 any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this 442Exhibit 2
12 Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
443Exhibit 2
13 i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all 444Exhibit 2
14 copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF
CONTACT NAME
Phone: INSERT PHONE NUMBER
City of Bell Gardens
7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work 445Exhibit 2
15 required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this 446Exhibit 2
16 Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original 447Exhibit 2
17 counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
448Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
449Exhibit 2
19 EXHIBIT “A”
CITY RFP
450Exhibit 2
20 EXHIBIT “B”
CONSULTANT PROPOSAL
451Exhibit 2
Addendum No. 1
Request for Proposals for Security Services for the City of Bell Gardens Sports Center, Veterans Park, and City Hall Parking Lot
REQUEST FOR PROPOSALS
FOR SECURITY SERVICES FOR THE CITY OF BELL
GARDENS SPORTS CENTER, VETERANS PARK
AND CITY HALL PARKING LOT
ADDENDUM NO. 1
September 20, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR SECURITY
SERVICES FOR THE CITY OF BELL GARDENS SPORTS CENTER, VETERANS PARK AND CITY HALL PARKING LOT (RFP).
Submit a proposal with the full understanding and full consideration of this addendum.
This addendum is being issued to incorporate the following changes to the RFP:
1. The City of Bell Gardens is interested in full security services by unarmed guard(s) on foot patrol.
2. The City of Bell Gardens requires at least one (1) guard per assignment.
3. There are three (3) City Facilities that may require full security services by unarmed guards. The following is further clarification on each facility’s needs:
• Ford Park Sports Center – A Minimum of fifty-six (56) hours a week • One unarmed guard on foot patrol.
• The Sports Center will require overnight security by an unarmed guard every day of the week from 22:00-06:30. Except for Christmas and New Years Day, the Sports Center will require 24- hour security coverage.
• There may be occasional special events that require additional overnight security or event security.
• Veterans Park (as-needed)
• One unarmed guard on foot patrol.
• The City hosts special events at Veterans Park. An unarmed security guard is needed for overnight security approximately seven (7) times a year.
CITY OF BELL GARDENS
RECREATION & COMMUNITY SERVICES DEPARTMENT
8000 PARK LANE • BELL GARDENS, CALIFORNIA 90201-6122
(562) 806-7650 FAX (562) 334-1745 • WWW.BELLGARDENS.ORG
452Exhibit 2
Addendum No. 1
Request for Proposals for Security Services for the City of Bell Gardens Sports Center, Veterans Park, and City Hall Parking Lot
• City Hall Parking Lot (as-needed)
• One unarmed guard on foot patrol.
• There are a few meetings and events that may require an unarmed security guard for the duration of the event as well as during set up and clean up.
Proposers are reminded that pursuant to RFP’s subsection Q of the “Instructions, Terms and Conditions” Section, the City will not be responsible for, or be bound by, any oral communication or any other information or contact that occurs outside the official communication process specified in the RFP, unless confirmed in writing by the City Contact.
Sincerely,
Elizabeth Nava
Director of Recreation & Community Services
The Proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in their proposal submittal. Failure to do so may result in disqualification of their proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
453Exhibit 2
REQUEST FOR PROPOSALS
FOR SECURITY SERVICES FOR THE CITY OF BELL GARDENS SPROTS CENTER, VETERANS PARK AND CITY HALL PARKING LOT
RESPONSE TO REQUESTS FOR INFORMATION (RRFI) NO. 1
September 26, 2023
No RFI Response
1 Is the reward type for this RFP Lump Sum? No
2 What type of specific services are you requesting? Armed? Unarmed? Patrol Vehicle?
Please refer to Addendum No. 1
3 Are there Specific set hours for a shift for the Sports Center Guards or any other locations that may need guards?
Please refer to Addendum No. 1
4 Would these services be 24 hours 7 days a week?
Please refer to Addendum No. 1
5 Is there a specific number of guards needed for each post?
Please refer to Addendum No. 1
6 How many hours per week/year is this project requires staffing for? Could you please let us know the approximate number of hours per week/year.
Please refer to Addendum No. 1
454Exhibit 2
No RFI Response
7 Who is the current vendor?
Prosegur Services Group, Inc.
8 Please clarify current total weekly hours of service.
Please refer to Addendum No. 1
9 What is the current bill rate? $28.57
10 Would the City have any objection to rolling over any current staff, should there be a change?
There are currently no City staff assigned to security services. 11 If there is an incumbent contract, can you please provide the current contractor’s name, annual cost and number of hours, and billing rates?
The City does not currently have an active contract.
12 What is the expected start date?
The expected start date would be November 1, 2023, pending a fully executed contract.
13 Is there a minimum requirement of on-call guard officers?
Please refer to Addendum No. 1
455Exhibit 2
20 EXHIBIT “B”
CONSULTANT PROPOSAL
456Exhibit 2
RFP PROPOSAL
RESPONSE PACKET FOR
City of Bell Gardens:
Security Guard Services
Presented By:
American Global Security, Inc.
Nikolas Tartakovsky - Head of Procurement
(818) 350-1000 ext. 1016
[email protected]
September 28, 2023
Elizabeth Nava, Director of
Recreation and Community Services
457Exhibit 2
Table of Contents
Table of Contents .................................................................................................. 2 Letter of Transmittal ........................................................................................... 3-4 Premier Accounts .................................................................................................. 5 General Staffing ................................................................................................. 5-6 Scope of Work ................................................................................................... 7-9 Mobilization and Deployment of Personnel and Equipment ................................ 10 Project Schedule ............................................................................................ 11-12 Project Controls .............................................................................................. 13-17 Quality Control Plan ............................................................................................. 18 Recruitment Practices ........................................................................................ 19 Training Plan .................................................................................................. 20-25 Appearance: Uniforms and Equipment ........................................................... 26-28 Regional Offices ................................................................................................ 29 Project Organizational Chart ...............................................................................30 Regional Offices ..................................................................................................29 Key Personnel ................................................................................................ 31-37 Cost Proposal .....................................................................................................38 Important Statements ......................................................................................... 39 Certificate of Insurance ...................................................................................... 40 References ................................................................................................... 41-47
CITYOF BELL GARDENS – SECURITYSERVICES | American Global Security, Inc. Page. 2 458Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 3
Attn: Elizabeth Nava
Director of Recreation and Community Services
7100 Garfield Avenue
Bell Gardens, CA 90201
To whom it may concern,
On behalf of the dedicated team at American Global Security, Inc. I submit this Proposal to provide unarmed security services to the City of Bell Gardens. AGS has carefully reviewed the scope of work and terms in the RFP, and we are committed to providing professional and full- service security guard services at the Bell Gardens Sports Center, as-needed special event security services at Veterans Park, and as-needed security services for the parking lot of City Hall. AGS will be recommending the use of mobile surveillance platforms to address the specific request by the City to enhance our security approach. AGS agrees to maintain all duties and tasks outlined in the RFP, and submits our cost proposal as an irrevocable offer for one hundred and eighty (180) days. We acknowledge the receipt of all Addenda and vouch that all information submitted in this proposal is true and correct.
American Global Security has several similar Municiplaity contracts throughout California, which feature a variety of size and scope of work. AGS is an excellent fit for this security initiative because of our unique approach and our status as a small business. Every client matters to us, and our attention to detail is unmatched. The technology we incorporate into our services is industry leading. Our in-house training program is filled with the knowledge our guards need to succeed in the field. This proposal will cover our firm’s history, corporate overview, key personnel and general staffing, the reporting software we use, our uniform and equipment, recruitment policies and procedure, training program, and references.
The core tenants of American Global Security, Inc. are integrity, vigilance, and helpfulness.
American Global Security sets the bar high for personal protection solutions throughout California by using advanced daily reporting methods, recruiting and retaining the highest-level personnel in terms of experience and professionalism, and supporting our own security guards with hands- on management and training. We are devoted to helping both private enterprises and municipalities alike in securing property, assets, and people. In order to fit the needs of our diverse customers, we can individually design a security plan for each location or event as it presents itself. If a location or organization already has a plan in mind which includes post orders, we are capable of adapting our approach and training our personnel to accommodate all requests and specific site protocols. AGS is considered an industry leader in providing great customer service between clients and our management team through our 24/7 Dispatch Center and our AGSTrac® Reporting System. This reporting system features a client portal which gives those authorized direct access to an unparalleled level of data.
Our clients have come to trust our expertise with protecting critical infrastructure, maintaining complex operations, and securing high-traffic or vulnerable locations. Our experience gives us the understanding of the unique safety, security, and risk-needs faced on a day-to-day basis in these environments. Some of our best experience has been working with City municipalities to provide security services at important locations like City Halls, Public Libraries, Metrolink Stations, and Public Parks. Security Services we perform also extend to providing patrols at and around these important municipality locations, as well as many corporate offices and storefronts, public housing complexes, and other locations. American Global Security also works with construction companies, has guards stationed at corporate and medical facilities, at school campuses, apartment complexes, and retail centers to provide cutting edge security services. 459Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 4
American Global Security, Inc. is an S corporation that was established in May 5, 1999 by a dedicated, diverse team of professionals with thirty years of combined experience in private security, law enforcement, and foreign militaries. AGS was fully incorporated in the state of California on February 5th, 2017 and since then we have grown rapidly to meet the new security threats our communities face every day. We are a minority owned and operated small business that has spread out to cover all of California’s security needs. As a leading security services provider in California, we understand that every single client deserves a different security work plan, approach to said plan, as well as different methods and accommodations.
This is why AGS updates our in-house training programs on a regular basis in accordance with the various security risks that may be encountered in the field. This hands-on approach to training ensures that our security field teams have the appropriate understanding of post-duties and site protocols to provide immediate and effective action against any security breach, or respond appropriately to daily routine duties. We also frequently modify or adapt our uniform to changing trends within the industry, or for particular job sites. The size and reach of our service catalogue now includes Unarmed and Armed Standing Security Guards, the Patrol Division; Vehicle, Foot, Bike and Golf-cart Patrol, Fire Watch, and Mobile Surveillance Platforms with remote monitoring capabilities.
In recent years, we have seen the increasing need for security services due to the effect that transients and crime are having on communities, businesses, and residences. The rise in crime rates have brought with it an increase in theft, vandalism, and trespassing which affects and threatens all community members, not just businesses. Because of these developments, our roving vehicle patrols and standing guards have become increasingly necessary not only in municipalities, but also throughout our areas of operation in California. We have developed and structured our Community Outreach Training initiative around interactions with homeless, members of the public, and project staff. AGS has made noticeable gains in overall levels of security at each of our job sites as a result. Other training programs have been developed or modified as a result of our field experiences and client requests.
AGS employs and staffs a total of almost 500 full time and part time security guards, and roughly 50 full time employees, including office staff, project management, regional field supervisors, dispatchers, schedulers, and online community managers. We take pride in having a client base of over 100 clients of public agencies and private institutions in California whom we serve.
I am the individual authorized to legally bind our firm. As Regional Vice President, I will also be your Accounts Manager. At this time, we have no financial, business, or other relationship with the City that may impact upon the outcome of this Agreement. AGS stands ready to serve the City of Bell Gardens!
Sincerely,
Sulaiman Abdul Wali – Regional Vice President
Email: [email protected]
Dispatch: (877) 482-7343 | Direct Line:(323) 266-9762 | Fax: (818) 900-6665 Email: [email protected] | Website: www.americanglobalsecurity.com Mailing Address: P.O. Box 371653, Reseda, CA 91337
460Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 5 Premier Accounts
AGS firmly believes that we should be chosen for this important project with the City, because of our commitment to and investment in California communities, our experience providing security services to municipalities, and our attention to detail stemming from our status as a small business. Our firm has expanded tremendously in the past five years of full incorporation as our influence and client base has widened. The focus of our firm is such that any government contract will immediately be considered as one of our most important, achieving the Premier Account designation upon signing. With the Premier Account status, the City will be receiving direct project supervision from a Senior Accounts Manager, a large time commitment from our Operations Manager and Operations Team, and the job-sites will have experienced field supervisors performing weekly check-ins. This account status also grants access to the AGSTrac® client portal, which is where daily and incident reports are uploaded, as well as the special Management Report. There is also a wealth of helpful data available in the client portal, which will be detailed in our ‘Reports’ section.
A feature of our firm size is that we value your business above all else, and will be looking to renew services year to year or as many times as we can. This means that continued effort, good communication, and effective management will remain a top priority as the project continues and evolves. On the other hand, the history of our firm is such that we are thoroughly experienced at providing security services and acquiring/meeting staffing resources for municipalities.
General Staffing
American Global Security field personnel are a team of carefully selected, trained and state certified security guards that are able to remain at our clients’ disposal 24/7 if need be. Our Regional Field Supervisors are instrumental in the planning and implementation of innovative and customized security solutions. Our designated operational office for this project is our Corporate Office in Chatsworth, CA. This location will be available during the transition period for guard recruitment, selection, training, equipment and uniform outfitting, and initial dispatch.
Operating from within our Corporate Headquarters in Chatsworth, CA is the 24/7 Dispatch Center, which is a critical part of our day-to-day operational procedures. Dispatchers are there to verify that all guards are on-site with the necessary equipment and are following any remining COVID-19 protocols specific to that site. They have access to site protocols, guard schedules, guard contact information, AGSTrac® reporting software we use, and are also remote monitoring several locations. Dispatch can be contacted at any time for direct questions concerning specific guards, site protocol, or any general issues. They will be the City’s 24-hour contact point to resolve scheduling issues or no shows. Just ask to speak to the current Dispatch Manager working at the time. AGS trains our Dispatchers to the highest standards of modern private security protocols (be they state or national) and we take pride in representing a positive contribution to their education through various training courses.
For this project, taking on the security services at the City is well within our staffing capacity. We have a list of guards we have worked with through our Chatsworth Corporate Office, who are looking for new long-term projects to join. However, due to the location of the City, we will mostly be relying on recruitment done through our in-depth system (detailed later on), which enables us to recruit qualified and experienced guards locally.
461Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 6 AGS has recently been expanding our roster of security guards who have a gun card, and have become familiar with the recruitment process for personnel who have this qualification. Our Southern California Operations Manager is adept at redirecting our personnel and coordinating guard schedules. With his assistance, and the recruiting we will do in addition, we will be able to fill the positions needed quickly and deploy these units effectively every day.
Another key team member for this process will be our Recruitment Manager, who focuses on finding new staff for our upcoming projects, and our Training Supervisor. More information on key personnel and how they factor into our security services can be found in a later section.
Our firm has taken all necessary steps to ensure our security officers have a guard card from the BSIS and possess the education, knowledge, and experience to perform the requested services. In compliance with state laws and all applicable regulations, each of our security guards undergo the necessary training to deploy any extra equipment (such as a firearm or baton) and are included in our company’s insurance policy for guards with coverage of up to $1,000,000.00.
AGS executes employment agreements with our guards that provide a clear and honest legal basis for our company to fulfill its commitments and obligations. Information such as Driver’s License-ID, Guard Card, Gun Cards if applicable, Baton Training proof, First Aid and Defibrillators Certifications, and contact information will be listed on the security team member’s AGSTrac page, accessible through the client portal.
462Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 7 Project Approach
Scope of Work
American Global Security believes that every client deserves a different approach to their scope of work. Therefore, a thorough examination of the properties and surrounding area to be served is instrumental to ensure a comprehensive understanding of the scope and reach of the coverage, and a successful handling of the client’s security needs and vulnerabilities. For this project, AGS will provide coverage at the City’s Sports Center, Veterans Park, and City Hall parking lot. Unarmed guards will be assigned to the project, providing access control and other routine duties at the Sports Center.
Unarmed Fixed Post Guards
Guards working at the Sports Center can remain fixed at specific locations, actively perform foot patrols, or have a combination of both as their post orders. Access Control training will be a priority, and guards will also know how to respond effectively to emergencies.
They will be available for after-hours escort duties and lock up procedures, and generally to help the site staff. Daily reporting, including with foot patrol directives, will be a standard part of the daily duties. Guards working in close proximity to the public will be trained on Community Outreach. They will have a positive and professional disposition for staff and visitors, and know how to handle trespassers or transients with respect and authority. Effective communication skills and being able to connect certain individuals to social services when appropriate is what sets our training on this matter apart from other companies. Our guards are trained to know when they should handle a situation themselves versus when they need to reach out to Dispatch, one of our on-call supervisors, or the Police.
For daily reports, we recommend the use of our own software; AGSTrac®, direct examples of which will be detailed in a later section. Patrols stops, daily reports, and incident reports are all highly effective and efficient. AGS guards are trained to monitor for any crime or suspicious activity in the form of vandalism, theft, trespassing, unruly persons disturbing the peace, or arson as they perform their patrols. These situations will be briefly incorporated into our standard daily reports, with more details to follow in incident reports which take slightly longer to fill out. If a guard misses their checkpoint window, Dispatch will contact them. Often times when this happens, our guard is dealing with a situation in the moment or investigating and will cover whatever happened in their reports. Our guards will also document any maintenance issues they observe, record any vandalism or stolen property, and include all this information into the Daily Activity Reports.
Our guards are trained to be thorough, especially in patrolling locations with multiple blind spots or hotspots. AGS guards are trained on contacting the appropriate emergency responders depending on the events/situation that they are witnessing. AGS guards are also trained on conflict de-escalation and non-violent response. They are prepared to handle the dispersion of trespassers and the verification of workers or unidentified visitors through information dissemination and basic interpersonal interactions. In doing so, AGS guards are acting as community representatives, and will be upholding a sense of respect and authority while on site. Guards will also be interacting with transients just on the outside of the perimeter fence, but will never leave the site to carry out their duties besides in an extreme emergency.
463Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page 8 Event Security
Any special events held at the project locations of Veterans Park and City Hall will fall under our Event Security team. One will be established and deployed with the help of our Events Coordinator, and will feature a rotating selection of guards who are eligible. Some of these guards will be those assigned to the Patrol Division and other permanent sites in this area.
Outside recruitment will also occur, especially for any large-scale events which require five (5) or more guards. Within a fourteen (14) day minimum advance notice, AGS can put together a field team for these events and faciality rentals who will be trained in hand-picked programs like Crowd Control, Access Control, Parking Lot Safety, and Community Outreach. For large scale events, AGS is recommending the additional staffing of a Regional Field Supervisor acting as the point of contact between City event coordinators and our firm.
Remote Mobile Surveillance
The City has indicated they would like us to employ additional technology to enhance security efforts. We are therefore suggesting the installation of mobile surveillance platforms at any City locations where issues are common or surveillance would be beneficial. Our Mobile surveillance platforms are made by LiveView Technologies, but are fully integrated into our company’s structure, both in terms of deployment and replacement/maintenance. AGS employes several full-time technicians who are capable of installation and maintenance of the mobile surveillance platforms. These technicians have been trained directly by LiveView and operate out of our Corporate Headquarters. They will be in charge of installation for this project, and will be placing the platforms at key locations. One of the best features to our LiveView platforms is the deterrence they provide through alarms and audio warnings. These can be remotely triggered by our monitors in Dispatch who are actively viewing and responding to the sensors being tripped or the cameras catching movement. When monitored actively, they can be used to prevent an intrusion form occurring before it ever starts.
The relationship between the human elements and the mobile surveillance platforms is another huge benefit to installing them. Our mobile surveillance platforms can communicate directly with our guards in the field, in addition to our 24/7 Dispatch Center. The LiveView system will push alerts via text to our guards and emails to our Dispatch Center, who will then respond as needed.
Guards can then proceed to that location. Dispatch will call field teams to follow up, call the police, or inform a nearby supervisor depending on the level of intrusion, crime, or emergency.
LiveView technologies are integrated into our Dispatch Center through the use of cloud computing, which grants us remote access at any time without necessitating the use of any additional hardware for the service. Dispatch will both monitor the platform’s cameras manually, and receive alerts when either the cameras or sensors spot something that registers as a security breach. Dispatch then calls a guard stationed on site, who will radio his partner to help directly address the situation. LiveView Technologies ship the units directly to the AGS corporate Headquarters, located in Chatsworth; they are then dispersed to other hub offices. When a client purchases our remote monitoring services, the platforms are hauled directly to the site via a trailer and are installed by a trained AGS technician. AGS currently has several, fully operational units stored in our Chatsworth warehouse. We keep a small stock pile there due to the increasing popularity of the service, and also to cover for any replacements needed.
Each of our hub offices has at least one platform at any given time, with room to perform maintenance also at that location.
464Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 9 AGS has been trained first-hand by a LiveView rep on how to set up, take down, and move the mobile surveillance units. The design and development aspects are handled by the capable team at LiveView Technologies. However, AGS does work with our clients to choose which model of head unit should be used, in addition to where and how it should be mounted or deployed. The units themselves are assembled on site if they are mounted version, or at our nearest office to the site and then towed if they are the self- sufficient, trailer pulled variant. Technical specifications and additional options for these units will be listed. These units are repaired by AGS technicians either on site, or transported to the nearest hub office while a replacement is prepared. When one unit malfunctions or needs replacement for whatever reason, AGS will do so within 24 hours with one of the other platforms in storage.
In terms of reviewing old camera feeds and storing video, we use a cloud-based system which allows us to store much more information. AGS can offer over 30 days of recorded camera feeds with multiple systems. Up to three mobile platforms can have their feeds recorded and stored at one location for approximately 30 days. Premier accounts are subject to higher rates for these platforms so that we can also support a cloud-based process and have more data.
Additional Insight
AGS has assessed the staffing capabilities in the surrounding area and has decided to increase the number of trained guards in our Transition Period beyond the minimum necessary amount.
This will be done at no extra cost to the City. We are planning on training at least two (2) additional officers (not including the on-call unarmed guard) along with the other fixed positions and patrol guards. These back-up guards will be assigned to other active roving patrols in that area. Our roving patrol force is designed and scheduled buy our operations team to allow for maximum flexibility and re-direction capabilities. As it stands currently, AGS uses our patrol guards as backup guards for other nearby sites that could be requesting additional guards with little to no advanced notice. Incorporating these guards into the Transition period gives us extra leeway in filling gaps in staffing or covering last minute requests.
After three-five (3-5) weeks into the Agreement, our Senior Accounts Manager will suggest ways to improve the security services at the final weekly meeting during this Transition window.
This procedure is a part of our Quality Control plan and will also be detailed in the section dedicated to that. AGS will continue to monitor the successes and failures of our security services and relay them at this meeting. This process for internal review of our services is done through feedback from our clients and by reviewing the security analytics that are available through our AGSTrac® application. Hotspot and pattern tracking, in combination with our data on individual guards and how they are performing are used to create this review. 465Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 10 Mobilization and Deployment of Security Personnel and Equipment Our Mobilization and Deployment of Security Personnel and Equipment Plan ensures: (i) a rapid and effective deployment of our security guards to the project locations and; (ii) resourcefulness, meaning that any equipment that needs replacement will be done so promptly upon request of our security guards or that of our On Call Supervision.
Our Main Dispatch Center and Corporate Office in Chatsworth is available 24/7 for customer services inquiries, reports or security analytics requests, and complaints. They are a communication and remote monitoring hub, with our regional/corporate offices being those that focus on training, equipment assignment, storing, and replacement, in addition to vehicle assignment and repair scheduling. Transport to and from the job-site will be handled by the personal transportation means of our security personnel, and has no impact on this contract besides in terms of whether guards will arrive on time. This however, is more an issue of Dispatch and our Operations Team communicating/coordinating.
Timeliness
Localized recruitment to the site will be pursued, to ensure that guards will have limited travel distance from their home and will therefore be more likely to arrive on time. This timeliness is enforced by both our 24/7 Dispatch Center and our time-card tracking process. All our security guards, without exception, are required to report any condition that would make them unfit to stand ready for service within a reasonable period of time. Backups guards attached to the project and part of our Transition Period will be operating in the nearby area and scheduled for patrol as part of our personnel strategy. If a post is unexpectedly empty, a Regional Field Supervisor will be instructed to man the post until a replacement is successfully deployed. This process can take up to forty-eight (48) hours to find a long-term replacement, but our Regional Field Supervisors will be on-site within one (1) hour to cover for unexpected outages or because of requests made by the client. Within twenty-four (24) hours we can also Transition one of our Backup guards to full time at the job site. AGS Transition Plans for Premier Accounts make finding coverage for outages and as-needed situations fast and effective.
When a guard is going to be late for or miss their shift, they must contact our 24/7 Dispatch Center at least three (3) hours in advance to alert them of the issue. A Regional Field Supervisor attached to the project will cover their position until they arrive, or potentially be directed to take over their shift for the day if no back up guards are available.
If a guard missed their on-site clock in without providing any communication, our 24/7 Dispatch Center will be notified through AGSTrac® and our Operations Team will be notified through TeamXpress. Dispatch will then contact the guard to inquire (late clock-ins allow for a two (2) minute window of error). Late guards will result in Dispatch contacting an appropriate Field Supervisor to relieve the position.
Lunch Breaks
American Global Security offers our personnel paid lunch breaks so that they may take breaks while on shift. However, we understand that some clients cannot accommodate this practice. AGS will dispatch a local Field Supervisor to cover the lunch break and man a post while the current guard leaves for lunch. If the guard is allowed to remain on site and take their break, we will rely on the coverage of the other guard there and stagger their lunches. 466Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. P
age. 11
We expect our Regional Field Supervisors to be mostly relegated to acting as short-term shift coverage for this project on occasion where it is warranted, but mostly performing their usual supervisory duties. Multiple levels of accountability are always preferred on AGS projects. One of our Regional Feld Supervisors will be ready to meet with the designated project manager for the City within a short time frame of two-three (2-3) hours to report on our security guards’ performance and find out if they can approve their work methods or approach. A meeting can be called by the City for any reason. Otherwise, meetings can be scheduled your dedicated Accounts Manager attached to the project several days in advance depending on the topic.
Project Schedule
Transition Period
As the new security team for the City at the job site, our firm will spend as little time in transition as possible. Security practices and protocols will be finalized rapidly during the training window of our project calendar. However, we do intend to have a few busy days as we have staff on- site learning from our supervisor roles, Transition Team, and any City project management who wishes to be there. Hands on training from supervisors will ensure a good level of familiarity with the site.
The process is multi-faceted and begins almost immediately upon the date the contract is awarded. The attached Accounts Manager accompanied by at least one field supervisor, will walk the job site. AGS will also communicate with the client’s current team (if applicable) to determine the security threats being faced and begin plans to address these vulnerabilities. This is part of the Risk Assessment phase of the project, and is usually one of the final chances to easily modify the approach to security at a given site, pursue options to increase the amount of security guards on site, or alter the initial contract. Should any client want to retain specific, high- performing members of the incumbent firm’s personnel, they should make such recommendations to our Accounts Manager while they are walking the job site or before our services take effect. AGS will be happy to accommodate any such requests, after guards pass through a condensed follow up interview and vetting process.
The second stage of the Transition begins roughly two weeks prior to the start of service date.
Our main transition team, consisting of the Accounts Manager and the project-assigned Regional Field Supervisors are introduced to the new guards who have been selected for the project. This meeting will take place at our Riverside Hub Office. The Transition Team will assure that everything is understood by the new guards in terms of training, patrol routes and that all of our operational protocols meet the standards of City staff and project management. This team will open the source of communication between our
guards and the necessary site representatives. The
transition team will also work to develop any training
programs they feel would be beneficial to those
providing security at the sites. Both our lead team
members and guards are expected to stay flexible in
terms of hours and protocols being finalized during this period. On the note of communication, our Dispatch
Manager will have reached out to the site managers or
designated City Project Manager to give them access to
our reporting system Online portal via their email.
467Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. P
age. 12
As part of our transition plan, we plan on having a meeting with the project Accounts Manager, Regional Field Supervisors, and any site manager or City staff that wishes to be present. This meeting will be scheduled for two-three (2-3) weeks into the Transition Period, and will be when we finalize our Plan of Operations, including any optional services that the City elects.
The transition plan will be formalized prior to the “start of service” date of the new contract. AGS has made note of the timeframe for this project and is prepared to have our Transition Team, guard selection, and all other necessary preparation made roughly 30 days before the start of service date. The implementation of said Transition Plan can take up to 30 days after the start of service. In total, our Transition period lasts 60 days. After this point, all guards and supervisors working on the project should be operating smoothly and efficiently while establishing their own growing rapport with any site staff or City staff.
Transition Process Breakdown
Two Weeks Prior to Deployment
•Confirm and Acknowledge
the Service Agreement and
client expectations.
•Accounts Manager meets
with team to discuss
contract.
•Put Post Duties into writing,
plan patrol routes,
implement specific protocols
as part of our individualized
approach for each site.
•Recruit the necessary staff
either from within our own
ranks or using
CadientTalent™.
•Verify that all Guard cards
and required training is
current.
•Distribute AGS official
employee handbook.
•All new personnel are
enrolled in payroll system.
•Establish contact with
incumbent officers and
security firm if possible.
•Our regional field supervisor
on the project will be
conducting his own site tour
in the thirty (30) days leading
up to the start of service date.
•Finalize our planned
approach to the Scope of
Work, including site maps
with routes and post orders.
•AGS Personnel
Orientation Meeting where
schedules are distributed.
First Two Weeks to Deployment
•Communicate transition
information to project staff
and the guards to be
deployed.
•I.D. badges and special
equipment is distributed.
•City staff will be given
access to AGSTrac
reporting system client
portal.
•Provide daily updates and
a team meeting with City
staff at 2-3 weeks in.
•Have our Regional Field
Supervisor present for
training, including on
weekends if applicable.
•Cross-train personnel
and backup personnel if
possible/applicable.
•Confirm that we are
responding to all
requirements of the
contract and requests
made by the City.
•Maintain flexibility in our
timeline, personnel
assignments, and post
order improvements -
Document any
challenges we face and
milestones we have
accomplished.
End of Transition Period
•Chief Financial Officer
Reviews initial invoice
•Reviews site specific
training that has been
conducted.
•Review
assigned personnel to
make sure they meet
AGS standards.
•Confirm with City PM
and site staff that the
project approach and
staffing is satisfactory.
•Smooth workflow is
achieved,
security lapses have
been covered and a
rapport is being
established between
guards and site staff.
•Senior
accounts manager has
first monthly meeting
with City PM
468Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 13 Project Controls
We have several levels of project controls to ensure that we control costs, stay within budget, monitor schedules, and keep guard accountability high. On the ground level, our Field Supervisors keep our guards accountable through regular scheduled and unscheduled check- ins. These check-ins will hopefully result in the positive reinforcement of duties performed well, but can also result in a scheduled field training review, in-office training refresher for more serious mistakes or grievances, or employee reprimand or dismissal if the mistakes are repeated (or upon request of the City Project Manager).
Time Cards and Invoices
For this project, Southern California Operations Manager, Hewad Wardak (see “Team Qualifications”), is responsible for monitoring and coordinating employee schedules. To perform this task, he uses the Team Xpress scheduling application which shows all job sites currently under our security protection and includes the guards posted there, exact shift hours, shift changes, shift overlaps, and shift openings. This software is so effective because of the companion app which all of our employees use to clock in and out and take breaks. It uses a precise geofencing system to ensure that the employee is within a 100-meter radius of their dedicated job site, only then allowing them to start their shift. Our guards will receive one reminder letter after dereliction of duty, continued tardiness or leaving early, followed by termination. The application also acts as an internal control measure for payment discrepancies and a way to provide timely invoices.
GPS Tracking – On Foot & Vehicle
Another aspect to our project controls that AGS uses is our patrol vehicle GPS tracking. Dispatch has a record of where all patrol vehicles currently at, how fast they are going, and of course who is driving them. They receive a notification when the vehicles are traveling at unsafe speeds.
We can do the same for our golf carts. All this data will also be visible to the City PM through the AGSTrac client portal.
Reporting
Daily and incident reports will be provided. American Global Security has an automated, technological and eco-friendly reporting system by which smartphones equipped with special logs and reporting software will be provided to our security officers, through which detailed and concise reports will be prepared and submitted.
We provide our security officers with smartphones
and tablets with quick and simple drop-down
reporting menus and software to streamline the
reporting, maximizing on-site visibility and
considerably reducing unnecessary usage of
documents. Reports are submitted in Word format,
via email, and must comply with AGS and client
standards. Reports can also be accessed directly,
along with other useful data on incident trends and
hot spots, through the client portal.
469Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 14 AGSTrac® Reporting System
For this project, AGS is recommending the use of our own reporting system, AGSTrac®.
There are three levels to the items in our Daily Reports. Incident reports have their own system and are always treated as high importance.
Level 3: Normal Activity – This is normal activity expected to occur and does not require notification to our management staff or City staff (Unless desired). Level 1 events are still recorded in our system.
Level 2: Unusual Activity - This will be activity that is outside of normal expectations and requires notification of our lower-level supervision. During the Transition Period, we will identify the City Project Manager and any staff who will want to receive Level 2 entries.
Level 1: Critical Activity - This will be urgent activity and of an emergency nature. This will automatically be sent to American Global Security’s management team and the City PM and designated staff who are set to receive these alerts. The online reporting software is another tool we use to manage our services and bring transparency to our operations.
All American Global Security guards will be expected to be proficient in the use of our reporting software. This will enable the City PM to closely monitor the activity of each individual guard if desired or needed. Our guards will report on any unusual findings, as well as normally checking in when they are just going about business as usual. We supply QR code stickers along their patrol route, at intervals and locations within the service area. AGS guards then scan the codes to verify patrol checkpoints at specific times. Patrol routes can either be at set times or be randomized, but will always pass-through critical areas and will be thorough. Reports will include a time, date, notes, pictures, and a GPS stamp. The time-stamps, and reports with photos attached will accessible through the client portal at any time to authorized City personnel. AGS management will design and build out your account communication plan specific to your scope and operations, which can be expanded to include a focus on maintenance issues. AGSTrac® also allows our Dispatch Center to observe the activity taking place on-site in real time. AGS dispatchers are one of many levels of supervision and are familiar with all post requirements at sites they oversee.
Helpful features of AGSTrac include: incident reports, daily reports, security checkpoint summaries, monthly security summaries with helpful pie charts to track patterns and hotspots, and a GPS driven map of where our guards have been while on patrol. 470Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 15 Feature Overview
While using any Android or Apple device, Officers in the field can:
Report
Incidents
Receive Tasks &
Reminders
Update Daily
Activity Reports
Communicate
with Dispatch
Include Photos
& Audio Files
Clock In
and Out
Scan
Checkpoints
Issue Warnings
& Violations
All of this information is GPS tracked and
available in real time in the Issue Monitor
Dispatchers,
Supervisors & Admins
Maintenance
Teams & Vendors
Local & Regional
Facility Managers
471Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 16 472Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 17 473Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 18 Quality Control Plan
AGS’s Quality Control Plan goes beyond the scope of work that goes beyond merely the scope of work. This system comprises a set of features and a high-tech network of resources intended to ensure accountability and improve performance.
24/7 Dispatch Center/Main Corporate Office
The Main Dispatch Center is staffed by roughly twenty (20) dispatchers and is located within our main corporate office in Chatsworth, California. This Dispatch Center is in constant communication with our security guards in the field and enroute to different job sites, as well as with our regional offices in Riverside, Bakersfield, and Sacramento. Scheduling is done from our Corporate Office, with recruitment and training happening at the local level (in this case the Chatsworth office). Our operations team coordinates the staffing process with our hub offices.
Our Main Dispatch Center will ensure that security guards draft and submit their daily reports on any incidents and activities that might have occurred during their shifts, and that they comply with the hourly checkpoints scan requirement and tour verification system. The Dispatch Center is also the location from which IP-based CCTV monitoring services are provided, as well as the monitoring of mobile surveillance platforms which we have deployed in the field. CCTV can also be monitored on site by trained field personnel.
Regional Hub Offices
These Regional offices oversee the activities of all guards and assists them where need be through providing instructions, resources, and support in a more direct manner. From a regional office, guards will receive their equipment, uniforms, and training. Hub offices act as a deployment point for our regional field supervisors, who will be another integral part of any project. Each has a designated parking lot or vehicle bay, an armory to provide all manner of equipment, and space for storage of one or more LiveView platforms ready to be deployed.
Regional Field Supervisors
The fact that this project is higher profiled for AGS means that we will be assigning more seasoned Regional Field Supervisors to visit the project site from time to time. Our Senior Accounts Manager can even visit the site upon request, but these meeting require some advanced notice due to scheduling conflicts. Field Supervisors have first-hand knowledge of each job sites under their jurisdiction, including layout and post orders, making them the ideal candidates to provide supervision. They are also some of the personnel that will implement and execute our Transition Period. Usually, they monitor the quality of deployment (training, appearance, and knowledge) both initial and sustained in the field. They will conduct frequent and unannounced visits to our guards at the service area to guarantee their performance. These check-ins will be conducted at least twice per week. This level of oversight will keep guards on their toes and performing at a higher level. AGS Supervisors will review the guards’ appearance and attire, the quality of their daily activity and incident reports, their awareness and overall demeanor, and their knowledge of Patrol Routes and Post Duties. Hopefully, these reviews will result in a guard being commended for abiding by our standards of appearance and conduct.
However, if our guards fall short of these metrics, they will be reprimanded, re-trained, or replaced.
474Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 19
RECRUITMENT PRACTICES
American Global Security has employment practices, policies and procedures in place to ensure AGS targets the most experienced and well-trained security guards currently operating in our respective service areas, while remaining in compliance with applicable laws and regulations.
Our employment practices are guided by our policy of being an Equal Opportunity Employer.
The process begins with utilizing a software called Cadient Talent™ to recruit from a pool of fantastic candidates and establish a motivated and experience workforce. With Cadient, AGS can source and pre- screen candidates, administer customized online assessments, and conduct background and drug screening. This software also provides analytics which give insight into who we are hiring. The Cadient Talent™ tool is a web-based product that includes an on-line employment application, an applicant tracking tool to assist our Recruitment Manager in the hiring process. The system is fully integrated with most third- party vendors who provide drug screening, background checks, and WOTC tax credit screening.
As a major security services provider in California, AGS goes to great lengths to ensure a careful selection of the best candidates through our application and employment process, a step-by- step procedure that has permitted our company to have the best in-house talent in California:
1.Application: Applicant fills out basic paperwork and also completes a short assessment
2.Preliminary interviews: our employment personnel assess the candidate’s written and verbal skills. Background Checks on each candidate by the FBI and DOJ take place with a review of the applicant’s record and a fingerprint scan.
3.Background verification and Testing: Exercising Powers to Arrest, WMD & Terrorism Awareness, AGS’s Designed Handbook and Test. Second round of interviews with the supervisor who will assess candidate’s knowledge and skills on vehicles.
4.Physical examination and Drug Screening: to determine the illicit use of marijuana cocaine, opiates, amphetamines, alcohol, barbiturates, and phencyclidine (pcp), including in-depth interviews by a trained personnel specialist and additional criminal record checks by our staff investigators.
5.Education and Prior Experience Verification: Selected guards are given a pre- assignment test which covers post duties, understanding of any unique equipment or potential on-the-job situations.
6.Assignment Meeting: successful candidate is hired. Training and deployment are scheduled.
7.In-office Training: Mandatory In office training which lasts roughly 6-8 hours.
8.Field Training: First Shift is always considered a training shift. Guards who perform poorly here will be transferred to another project after re-evaluation.
Our employment procedure, is success-oriented and only the most qualified professionals will be employed, trained and deployed. These chosen guards will have been background tested and drug-tested (as seen in Step 4 above) within six months of assignment. For our premier accounts, which include municipalities and organizations which are directly connected to them like public transportation, the guards we recruit must pass a brief pre- assignment test to indicate that they are able to understand the given assignment. In addition to our employment practices and procedures, we enforce firm Disciplinary Policies and Guidelines that have paved the way for the successful achievement of the highest standards of professionalism in our security officers.
475Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 20 Established Training Plan
American Global Security, Inc. Training Programs are tailored to the project to which the security guard is assigned and ensure that our guards have a comprehensive understanding of the duties of their site or patrol routes, schedule, potential risks and threats, as well as their obligations to the public. Our guards will be adequately prepared by the standard training regimen to receive their guard card, combined with several supplementary training programs provided by AGS. Primary Training Programs will always include: (i) an initial in-office session, with an approximate duration of eight (8) hours, to instruct the security guards screened and selected for the assignment on the site’s operations and post orders, security work plans and strategies, review the specific requirements of the Project, and instruct them in our tailored programs. This is followed by (ii) an on- the-job-site session lasting their entire first shift.
American Global Security has a commitment to the personal and professional growth of our security officers and therefore we provide a slew of Training Programs. Our Training Programs will include those intended to improve our guards’ preparation and education, such as Standard Security and Emergency Procedures, Hostage Preparedness, Observation Skills & Reporting, and Crowd Control.
We also offer access to several third-party training programs which are optional but encouraged, as they can lead to a guard’s assignment to a more high-profile post. These third-party programs include: Pr-24 Baton Certification, Pepper Spray Deployment Training, a refresher First Aid & CPR Course, among others. Our guards are also trained on the American Disabilities Act.
For this project specifically, we will train (or deploy previously trained) guards who will be familiar with the following programs: Observation Skills &
Maintenance Reporting, Community Outreach,
Standard Security and Emergency Response
procedures, Legal Authority Training, Powers of
Arrest, Use of Force During Arrest, Patrol
Procedures, and Traffic Control/Parking Lot Security.
476Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 21 AGS Pre-Assignment Training
Observation & Documentation (Report Writing)
Overview of how to use AGSTrac via their cellphones to write reports. This training also goes over what is documented in a report; maintenance issues, damaged or stolen property, and suspicious activity.
Principles of Communication
Overview of protocols pursuant to contract & communication through radios, monitors, and other technology. Provides information for communication to First Responders, law enforcement, and Government Services.
Standard Security and Emergency Response
Training regards cooperating with Local Police and Emergency Responders.
Also includes building/facility evacuations, as well as earthquake/natural disaster preparedness and response. Medical Emergencies are covered separately.
Terrorism Response Training
Training for this type of event often comes down to re-enforcing notions of vigilance. Looking for people, cars, or packages that are suspicious. We also tie this into emergency response procedures.
Patrol Procedures
Covers one of the primary roles of a security officer; foot and vehicle patrol.
This training coves how to stay safe on patrol, how to be thorough, how to use the various tools and equipment at your disposal to properly protect a job site.
Sexual Harassment Training
This training covers our guard's interactions with each other, and members of staff and the public working on site. Excessive fraternization is explicitly prohibited, and overly familiar gestures are also discouraged. Clear lines are drawn between professional courtesy and crossing personal boundaries.
Liability, Legal Aspects, Powers of Arrest
Overview of the legal role and powers of a security guard, BSIS codes and regulations, and criminal, civil and administrative aspects. Covers powers of arrest, as well of use of force during an arrest.
1 HOUR
1 HOUR
2 HOUR
1 HOUR
1 HOUR
1 HOUR
1 HOUR
477Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 22 Established Training Plan – Site Specific
Training for each site will rarely be the same. This depends on the scope of work, job-site location, and level of certifications or experience needed. American Global Security, Inc. has reviewed the required training for our officers to service the current location and has assigned them the following training:
Overview of the Post Orders for a given job
site. These duties might range from patrol to
weapon screening. Our Training unit will
review all of them. This training is often
coordinated
Manager.
with the Client’s Project
Hours: 2
COURSE:
Post Orders &
Assignments
Encompasses interactions with general members
of the public. Our guards will know how to
disseminate information, will learn about the area
local to the job-site, and the general protocol of
site employees. Customer service and security!
Also covers situations involving homeless
individuals. Provides strategies for handling face-
to-face confrontation, being able to recognize and
minimize conflict, enhancing communication for
effectiveness. Often revolves around homeless
individual interactions.
Hours: 30 (mins.)
COURSE:
Community
Outreach
478Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 23 Officers will be required to undergo the following
training:
•How to check guests and employees in at the
entrance to a building•How to patrol various access points •How to unlock the doors at the beginning of the
operational hours of a site
•How to lock all doors, windows, and gates at the
end of the day
Hours: 1
COURSE:
Access Control
This course will cover the physical layout of the site, and include the challenges being faced there as well
as what to expect from daily interactions.
Knowing what you are guarding and why the contract
exists in the first place is an important part of giving our guards a direct sense of ownership and
responsibility over the site.
Hours: 1
COURSE:
Site Details
479Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 24 Training Unit – Meet the Team!
Sam Miller – Training
Supervisor (Southern
California)
With AGS for 2+ Years
•5 Years of experience in
the private security field.
•Former Training
Supervisor at Fortune
500 company
•Conducts research to
maintain up-to-date
training & best practice.
•Oversees & manages
training compliance of
officers in Southern
California
Nick Malakzai –
Recruitment Manager
(California)
With AGS for 6+ Years
•8 years of experience in
the private security field.
•Provides all in-office
training for field
supervisors & officers
operating in the Southern
California area
Arvin Sevghedi – Regional
Field Supervisor
With AGS for 3+ years
•7 years of experience in
the security field.
•Retired Marine
Corps
•Provides in-office
training, but focuses on
field training.
•Specializes in
emergency procedure &
de-escalation training
COURSE:
Camera
Monitoring
Camera Monitoring Training
•How to monitor a bank of cameras at your post
•How to interact with the software of the camera feeds
•How to respond to what you view of the camera feeds
•How to incorporate this data into your daily and
incident reports
Hours: 30 (mins.)
480Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 25 Annual Training Plan
At American Global Security, we understand that training isn’t merely relegated to the Transition Period of a contract and we know the importance of continued training and refresher courses for guards’ that need them. We also seek to improve the education and knowledge of guards that prove themselves in the field; individuals
whom we would like to work with again
in the future. We provide our officers
with access to the standard BSIS
Annual Refresher Course to remain
up to date on industry standards and
best practices. The 4-hour course
reviews observation and report
documentation, arrests and other legal
powers, search and seizure, as well as
terrorism and emergency situations.
Additionally, all officers assigned to a
specific post are put on an Annual
Training Plan in connection with that site. This plan is established by our operations team, and enacted by our most senior members of the training unit. AGS has found great success in keeping guard post-order knowledge current with this Training Plan, which gives clients room to expand our services or pursue new options.
Some of the examples of this Annual
Training Plan include our own
California state government approved
“Weapon of Mass Destruction
Response Training” and “Powers to
Arrest Training.” These training are
conducted either at our Corporate HQ
in Chatsworth or in our Northern
California Headquarters in
Sacramento. The trainings are
conducted by a certified individual that
is part of our training unit and has had
many years of experience working as
and with security personnel.
481Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 26
UNIFORMS & APPEARANCE
What differentiates the American Global Security uniform and appearance program from other firms is how we customize our look and utility for each site and client.
Uniforms and Appearance
Our guard’s appearance is an integral component to our success. Having guards properly equipped and well- groomed establishes client confidence. All guards are supplied with uniforms which correspond to a particular site and client needs. American Global Security requires our personnel to follow the following guidelines which contribute to their own professionalism, as well as that of our firm:
•Assigned personnel shall report to their duties in the appropriate uniform, which includes: identification badge, company patches and private security badge, clean security shirt, ultra-flex security pants, and any required field equipment.
•All personnel should maintain a respectable appearance. Uniforms must fit properly and always be clean and presentable. Guards are also required to tuck their shirts into their uniform pants to uphold a professional presence. Guards should also tuck their pants into their work boots. •Guards are not allowed to customize their uniforms (besides firearm if appropriate) and add unauthorized accessories.
•To maintain CDC guidelines with COVID-19, Guards are obligated to wear Personal Protective Equipment (PPE) if required by a job site.
In-Depth uniform
Fitting &
appearance
Introduction Process
Personnel who issue
uniforms and
equipment are
doing so based on
the needs of the
client or site
Security personnel
have a greater sense
of purpose and
responsibilities when
wearing their full
uniform
Inspections ensure
security
professionals are
dressed, groomed,
and outfitted
correctly even
during extended
deployment in the
field
482Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 27
COMMUNICATIONS EQUIPMENT
1. 2. 3. 4.
Uniforms and Appearance – Continued
American Global Security maintains standards for our guards on their grooming; guidelines below:
AGS Equipment
American Global Security’s standard equipment for our security personnel includes the following:
SECURITY GUARD GROOMING REQUIREMENTS!
Tattoos shall not be visible and shall remain covered!
Jewelry/Accessories are not permitted aside from:
•Wrist watches
•Medical/identification bracelets
•Rings, but not more than one on each hand
Grooming for Male Guards:
•Must be neatly shaven
•Sideburns shall be trimmed and not to extend below the bottom of the ear
•Back of hairline shall not extend beyond the top of the uniform collar
Grooming for Female Guards:
•Hair shall be neat and styled/trimmed so it does not
extend beyond the top of the uniform collar
•Long hair must be put in either a bun or pony tail
•Makeup and/or nail polish and nail length shall remain neutral in appearance
483Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 28
ADDITIONAL EQUIPMENT
5.6.7. 8.
9. MISCELLANEOUS EQUIPMENT
10. 11. 12.13.
14. 15. 16.
1.2-Way radios
2.Optional body cameras
3.Company cellphone
4.Company Tablet
5.Covid PPE Mask
(company branded/N-95)
6.Disposable Gloves
7.Reflective Safety vest
8.Company Beanie/Hat
9.Security utility belt
10.Handheld metal detector
11.Traffic Baton
12.Flashlight
13.Traffic Cones
14.Road Flores
15.Covid-19 Temperature Gun
16.First Aid Kit
484Exhibit 2
CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. Page. 29 Sacramento – Regional Office Riverside – Regional Office 3400-Watt Ave. Ste 200 C
Sacramento, CA 95821
4505 Allstate Drive 210
Riverside, CA 92501-1775
Person to Contact: Anna Arabzai,
Office Manager
Person to Contact: Nick Malakzai,
Recruitment Manager
Direct Line: 916-477-4069
Office Line: 877-482-7343
Direct Line: 818-668-4479
Office Line: 877-482-7343
Bakersfield – Regional Office
9121 Drovers Run Road, 42nd
Street Bakersfield CA, 93311
Person to Contract: Jaswinder Singh,
Regional Field Supervisor
Direct Line: 818-428-0867
Office Line: 818-250-1000
Chatsworth – Main Dispatch and Corporate HQ
9420 Topanga Canyon Blvd, Ste 203,
Chatsworth, CA 91311
Person to Contact: Nikolas Tartakovsky, Head
of Procurement
Direct Line: 916-477-4069
Office Line: 877-482-7343
REGIONAL OFFICES
Our Main Dispatch center in Chatsworth, CA is available 24/7 for Project Customer Service, emergency or alarm response, and can be connected to video monitoring for any given site. Our Regional Offices are responsible for dispatching and coordinating more localized operations.
Through coordination from these locations, AGS will always be able to have an unarmed or armed guard operating their patrol routes or arriving at fixed post locations as needed. 485Exhibit 2
City of Bell Gardens
Security Services Project
Sulaiman Abdul
Regional Vice President
Southern California
Amy Colman
Chief Financial Officer
Hewad Wardak
Operations Manager
Southern California
Juan Cedeno/Adrian
Velasquez
Dispatch Managers
Nick Malakzai Marco Munoz
Recruitment Manager Events Coordinator
Daily Report Pathway
24/7 Dispatch Center
City of Bell Gardens
Project Manager
Regional Field Supervisors
Security Officer - Unarmed
Event Security Guards
486Exhibit 2
Page. 31 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Acting as the “Accounts Manager” for the intended contract with City of Bell Gardens. Mr. Abdul is currently responsible for overseeing several of our largest Premier Accounts in Southern California.
Oversees our projects and various operations on a macros scale, but can also be contacted with concerns or questions of a pressing nature, be they personnel or protocol related. He will remain available 24/7, besides during certain other pressing responsibilities when a designated alternate will be available instead. Mr. Abdul will work closely with our CFO Amy Colman to oversee the singing and first invoicing of contract with the City. His experience extends well past the previous five years, and can be seen below. In the past five years however, he has pushed AGS to new heights after securing our full incorporation in the state of CA in 2017.
ACCOMPLISHMENTS:
•Developed and Implemented our Site Risk Assessment Program •Instructed Riverside, CA Police Academy Personnel in Physical Fitness and Pressure Point Control Tactics
•Oversaw integration of IP based CCTV system integration with Dispatch • Oversaw our adoption and security methodology involving the LiveView mobile surveillance platforms
•Conducted on-site account audit of the Port of Houston, Texas •Briefed Port Authority of Houston and District Manager on said audit and developed action plan to respond to security needs
o City of Glendale
•Managed a rushed Transition Period for our services to take over from the incumbent company which left abruptly (2-week period for 60-70 guards) •Created a Facilities Safety Plan for Glendale Water and Power o Premier Accounts
•All Premier Accounts included in the previous ‘Reference’ Section of this proposal are those which our Regional VP is managing. His duties are as described above.
EXPERIENCE:
• 4 years of Service in Afghanistan National Guard
• 2 years as Port Security Supervisor in Houston, Texas • 1 year as Roving Security Supervisor with Allied Universal in Los Angeles, CA • 6 Years as Senior Accounts Manager with American Global Security Sulaiman Abdul
Regional Vice President
250+ Accounts Managed
[email protected] (818)738-6570
487Exhibit 2
Page. 32 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Implements and approves policies, procedures and most crucially scheduling for our guards. Manages TeamXpress® for employee scheduling across all our job sites in Southern California. Mr. Wardak ensures accountability through communication with our Dispatch Center, working to cover guard post coverage lapses, as well as last minute schedule changes. Will be in charge of scheduling for this project, including the Weekly Deployment Schedule.
ACCOMPLISHMENTS:
•Refined our methods of deployment in the field
•Helped develop our Site Security Vulnerability Assessment •Initiated our use of AGSTrac® reporting system
•Integrated our current scheduling software into Team Xpress® to take advantage of the geofencing system
•Coordinates guard scheduling for all contracts listed as our references Premier Accounts:
•Mr. Wardak currently coordinates daily guard schedules for all the municipality accounts listed in our previous ‘References’ section. His duties are as described above.
PPS Security:
•Conducted Emergency Response Exercises
•Expanded Fire Watch Training
•Supervised 22 employees in crime reporting, security, and enforcement EXPERIENCE:
• 9 years of military service in Afghanistan Air Traffic Control • 2 years as Self-Defense instructor at the JMK Police Academy • 5 years at PPS Security as Risk Management
• 6 years as Regional Director of Operations at American Global Security Hewad Wardak
Regional Operations Manager
300+ Guards Coordinated Daily
(818)294-8880
488Exhibit 2
Page. 33 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Supervises hiring process, hosts in-office training segment, and guides field supervisors in how to perform continuous site training. Mr. Malakzai will review operations at the City location to determine the best methods to deliver training. Hosts training sessions at multiple Southern California offices and is responsible for the successful recruitment of over four hundred (400) guards in the past five (5) years. Will be actively coordinating assignment and initial training during the Transition Period. Mr.
Malakzai actively promotes employment opportunities at American Global Security through numerous sources. He works with state and local placement agencies to offer employment opportunities to qualified individuals. Some of these sources include college and university groups and government agencies.
SKILLS:
•Training guards quickly and efficiently
•Effective communication between Staff and Project Representatives •Can speak multiple languages
•Has experience with our full suite of training options •Expert at Morale Boosting through unique employee incentive program he helped develop
EDUCATION:
•MBA at UCLA Anderson school of Business Management
EXPERIENCE:
• 5 Years of Recruitment and Training experience in current role with AGS • 4 Years of experience as Field Supervisor with AGS
• 2 Years of experience as patrol guard with AGS
PREMIER ACCOUNTS:
•All Premier Accounts included in the ‘Reference’ Section of this proposal are those which our Recruitment Manager has assembled the team for.
His duties are as described above.
Other Municipalities:
•Organized and held last minute, In-office and Field Training for all units deployed in City of Glendale, including guards at City Hall and County Court •In Office training for guards in City of Camarillo on short notice Nick Malakzai
Recruitment Manager
400+ Guards Hired and Trained
[email protected] (818) 668-4479
489Exhibit 2
Page. 34 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Mr. Muñoz is responsible for coordinating all of our municipality events, in terms of guard selection, scheduling, and training programs. Having one dedicated personnel member for this role allows us to focus on bringing our best possible effort to various events. As we have expanded our company, the need for increased attention to special events and facility rentals has arisen. Mr. Muñoz is an expert on acquiring and retaining the best talent, often time on a shortened timetable. He then establishes various shift schedules, assigns equipment, and schedules supplementary training if he feels it is necessary.
Responsibilities: Marco will be coordinating the filling of as-needed positions when City requests extra staffing for whatever reason.
SKILLS:
•Performs well under a short deadline
•Multi-tasking i.e., managing multiple aspects of event planning and staffing at once •Fluent in Spanish
•Has experience with our Dispatch Process
•Understands the best ways to source security personnel last minute •Well versed in our Training programs and modern legal codes EDUCATION:
•BA in Marketing at Cal State Northridge
EXPERIENCE:
• 2 Years of Experience as Events Coordinator
• 4 Years of experience in Operations
• 3 Years of experience as Dispatch Operator with AGS
Municipalities:
•Coordinated the Festival of Lights Event in Riverside (2022), which had over 60,000 people in attendance on its opening night. Cost of Event - $250,000.
Month long event.
•Coordinates our City of Fontana facility weekly facility rental security staffing needs.
Coordinates Events for City of Pomona. Please see full references for more details.
Marco Muñoz
Events Coordinator
Coordinated 50+ City Events and Facility
Rentals in 2022!
(818)668-4479
490Exhibit 2
Page. 35 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Amy draws her invoicing info directly from TeamXpress. She has the process of translating the hours our guards work directly into billable time for clients down to a science. Her role at our firm is one of the most important aspects to how we approach project controls and staying within a client’s budget.
Responsibilities: Amy and her team will be responsible for creating invoices, sending them to the appropriate representative for each site, and following up if payment is overdue.
ACCOMPLISHMENTS:
•Amy handles invoicing for ALL of our clients
•Amy also is in charge of payroll, both in-office personnel and field personnel •She is the head of our accounts payable department
•She manages a small team of several others who she has trained to help her on client invoicing, collections, and payroll
•Implemented our adoption of the Quick Books software tool EXPERIENCE:
•Graduated Cal State Northridge in 2016 with a Masters in Accounting • 6 Years working with AGS!
PREMIER ACCOUNTS:
o All Premier Accounts included in the ‘Reference’ Section of this proposal are those which our CFO has processed our billing and payroll for. Her duties now also include managing a small team which handles invoicing, payroll, collections, and initial contract negotiations.
Amy Colman
Chief Financial Officer
1000+ Invoices Collected
[email protected] (818) 350-1000
491Exhibit 2
Page. 36 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Sam is our Training Supervisor for all Southern California projects. He has had a career in law enforcement and translates that experience into the development and teaching approach of some of our security guard training programs. With a large and friendly presence, Sam reminds us that a security guard should have a positive attitude and command the respect of others wherever they go. Will review the site protocols at your locations and determine the ideal training regimen based on your needs.
Responsibilities: Sam will host the in-office training sessions for this project, specifically those which involve Community Outreach, Emergency Response and Preparedness, and General First Aid training.
ACCOMPLISHMENTS:
•Instructed Riverside, CA Police Academy Personnel in Physical Fitness and Pressure Point Control Tactics.
o City of Glendale
•Was integral in our rushed Transition Period with City of Glendale •Was focused in particular on enforcing high standards for guards in locations like City Hall with rigid guidelines and Codes of Conduct
o Premier Accounts
•Sam re-enforces the need for extra training modules for security personnel assigned to our Premier Accounts.
•He is adamant that training is the best way to prepare guards for a job-site, and can be just as important as experience.
EXPERIENCE:
•10 Years of Service as Bakersfield PD
• 4 years as Roving Security Supervisor with AGS
• 3 Years as Training Supervisor with American Global Security.
Sam Miller
Training Supervisor
225+ Guards Trained!
(818) 350-1000 Ext. 1005
[email protected]
492Exhibit 2
Page. 37 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
Arvin is one of our most senior field supervisors in Southern California, and has a direct line of connection to this project. Besides acting in this supervisory capacity, Mr. Sedeghi will also be working non- billable hours on behalf of the City Project. He will continue to participate in duties such as in the occasional check-in with our guards deployed. On these check-ins he will be reviewing things like post order knowledge, appearance, and equipment quality. We have entrusted the supervision of high-level projects and events in Southern California to him before, and so we feel he is well suited to this project role. Mr. Sedeghi is one of our most reliable and consistent team members we have at AGS.
Responsibilities: Arvin will be instrumental during our Transition Period. He will also be acting as one of several continued, on-site supervisor roles for this project with the City.
ACCOMPLISHMENTS:
•Arvin has helped implement our grooming standards policy for men and women in the field
•Is capable of relieving guards from their post or covering outages, since he has his guard card
•Has been responsible for the health-conscious efforts of our office staff, both in terms of diet and exercise
o Premier Accounts
•Arvin is the field supervisor we use for the majority of our Southern California municipality contracts. He operates out of or Riverside office. •Arvin spearheaded our Festival of Lights Event (2022) and operated out of the Security Command Center alongside high-ranking law enforcement agents from multiple departments. This event had over 60,000 people in attendance on its opening night. Cost of AGS services at Event - $250,000.
Month long event.
•He supervises our City of Pomona, City of Fontana, and Anaheim Public Utilities Projects regularly. See references.
EXPERIENCE:
•Retired Army Veteran after active duty for 5 Years
• 3 Years of experience as a security Guard working with Securitas • 4 Years of experience as a Field Supervisor with American Global Security Arvin Sedeghi
Senior Level Regional Field Supervisor
25+ Sites Supervised in Southern California
[email protected] (818) 350-1000
493Exhibit 2
CITY OF BELL GARDENS
UNARMED PRIVATE SECURITY SERVICES
UPDATED COST PROPOSAL
Location(s) Type of
Service
QTY Unit of
measurement
Unit Price Overtime/Holiday
Rate:
Bell Gardens
Sports Center
Unarmed
Security Guard
1 Guard
“Full Service”
Hourly $26.99 $40.49
Veterans Park
and City Hall
Events
Unarmed
Security Guard
1 Guard
As-needed
Hourly $34.99 $52.49
Optional
Extras
Location of
Choosing
Remote Mobile
Surveillance
Platform
1 Unit Monthly $2,999.99 NA
Dispatch Center Remote
Monitoring
1 Dispatch
Center
Employee
Hourly $9.99 NA
To be Decided Vehicle
Patrol
1 Vehicle Hourly $7.99* NA
The Hourly Billing Rate above should be flat rates that include all wages, benefits, uniform costs, background checks, drug testing, orientation, training, allowances, and differentials.
Overtime will only be paid work expressly authorized in advance and in writing will be paid at one and one- half times the Hourly Billing Rate and applied to hours worked exceeding eight (8) hours in a given day or 40 hours in a given week. City of Bell Gardens will not be charged for overtime if American Global Security’s relief guard is late for any reason and the current guard's shift is extended past 8 hours or a 40-hour week.
American Global Security shall absorb such overtime costs. *Vehicle patrol to be added to the hourly rate of the unarmed guard for final price.
Holiday pay to be expected on the following 7 Main National Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Veterans Day, and Christmas Day.
American Global Security does not wish to be reimbursed for any parking, supplies, equipment, or sundries utilized in the performance of this work.
Compensation Plan: NET 30
CITYOF BELL GARDENS – SECURITYSERVICES | American Global Security, Inc. Page. 38 494Exhibit 2
Important Statements
Our firm has taken all necessary steps to ensure our security guards are licensed, insured and bonded by the BSIS. American Global Security staff are a team of carefully selected, trained and certified security guards that are able to remain at our clients’ disposal 24/7. Our Regional Field Supervisors are instrumental in the planning and implementation of innovative and customized security solutions. Our Main Dispatch center in Chatsworth, CA is available 24/7 for Project Customer Service, emergency or alarm response, and can be connected to video monitoring for any given site.
In compliance with state laws and all applicable regulations, each of our security guards undergo the necessary training and certifications in order to be formally licensed as an authorized security services professional in the State of California, and are included in our company’s Professional Liability Insurance policy for security officers with coverage of up to $1,000,000.00. Moreover, we execute employment agreements with our security guards that provide a clear and honest legal basis for our company to fulfill its commitments and obligations. Our Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance is rated at $3,000,000.00. Evidence of our insurance coverage will be provided upon request.
AGS has no claims, demands for arbitration and/or lawsuits filed against any contract owners or their agents. AGS, our officers, agents, and bonding company has not had any claims brought against us as an entity, nor demands for arbitration and/or lawsuits filed by contract owners, their agents or subcontractors. We pride ourselves on our flawless record since full incorporation in the state of California.
AGS is currently in stable financial condition, as can be demonstrated by our financial stability risk ranking of 1, and our use of insurance agencies with an A- or better ranking. We have never declared bankruptcy as an organization. There are no pending litigations, planned office closures, or impending mergers which would disrupt the fulfillment of this contract that should be disclosed at this time. Our COI will indicate the needed insurance coverages have been met.
Key personnel will be available to the extent proposed for the duration of the project. AGS acknowledges that no personnel designated as “key” shall be removed or replaced from the projects without prior written consent of City staff.
Verified by: Sulaiman Abdul Wali – Regional Vice President Signature:
Page. 39 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc. 495Exhibit 2
496Exhibit 2
Page. 41 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Pomona
Type of Contract: Municipality
Type of Services: Unarmed Standing Guard
Term of Contract: 3 years
Start & End: April 2023 – March 2026
Amount of Contract: $4,900,000.00
Locations: 34 Parks, Events, Library, Homeless Shelter, Metrolink Station, Transit Center, Civic Center Plaza, Water District Sites Number of Security Officers: 50 Guards
Scope of Work:
Unarmed Standing Guard and Vehicle Patrol Services
Public Information Dissemination and General Visibility Observation and Reporting of Building and Property Maintenance Issues Protect, guard and patrol the infrastructure, facilities, and surroundings, as well as protect the staff and public of the project buildings
Patrol 34 parks along a predetermined route, locking up various facilities and ensuring public spaces are clear of individuals who should not be there
Report and document any kind of activity, conditions and situations that may result in eventual harm for Pomona’s infrastructure, facilities, and surroundings Provide security services at Events and Facility Rentals at the Civic Center Plaza Presenting a professional appearance and always alert and cordial Security guards to report suspicious behavior, graffiti, and vandalism, building and site issues to staff and the facility supervisor
Assist with checking doors and end of day lock downs
Contact 911 in case of an emergency
Point of Contact:
Danny Whaley | Parks and Facilities Manager | City of Pomona | (909) 620-2481 | [email protected]
Matthew Sampson | Assistant Parks and Facilities Managers | [email protected] 497Exhibit 2
Page. 42 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
LA County Sanitation Districts
Type of Contract: Public Agency
Type of Services: Unarmed Standing Guard and Vehicle Patrol Term of Contract: 1 year
Start & End: March 2023 – February 2024
Amount of Contract: $1,524,000.00
Locations: Admin Office, Water Reclamation Plants, Compost Facility, Recycling Plant, Landfill, Water Pollution Plant Number of Security Officers: 35 Guards
Scope of Work:
Unarmed Standing Guard and Vehicle Patrol Services
General Visibility, critical security presence, Theft Prevention Observation and Reporting of Building and Property Maintenance Issues and Vandalism Protect, guard and patrol the infrastructure, facilities, and surroundings, as well as protect the staff and public of the project buildings
Patrol desert water reclamation plants, locking up various facilities and ensuring no theft occurs in remote locations
Report and document any kind of activity, conditions and situations that may result in eventual harm for LACSD’s infrastructure, facilities, and surroundings Presenting a professional appearance and always being alert and cordial Assist with checking access points and end of day closures Contact 911 in case of an emergency
Point of Contact:
Martha Ibarra | Purchasing & Risk Management | LA County Sanitation Districts | (562) 908-4288 ext. 1423 | [email protected]
498Exhibit 2
Page. 43 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Fontana
Type of Contract: Municipality
Type of Services: Unarmed Standing Guard
Term of Contract: 3 years
Start & End: November 2022 – December 2025
Amount of Contract: $3,000,000.00
Locations: 16777 Orange Way, Fontana, CA 92335 - Metrolink Station, 8437 Sierra Ave, Fontana, CA 92335 - Lewis Library and Technology Center
Number of Security Officers: 9 Guards
Scope of Work:
Unarmed Standing Guard and Foot Patrol Services
Public Information Dissemination and General Visibility Observation and Reporting of Building and Property Maintenance Issues Protect, guard and patrol the infrastructure, facilities, and surroundings, as well as protect the staff and public of the Metrolink Station and Lewis Library and Tech Center Report and document any kind of activity, conditions and situations that may result in eventual harm for Metrolink’s infrastructure, facilities, and surroundings Presenting a professional appearance and always alert and cordial Security guards to report suspicious behavior, graffiti, and vandalism, building and site issues to staff and the facility supervisor
Assist with checking doors and end of day lock downs
Contact 911 in case of an emergency
Point of Contact:
Sid Lambert | Purchasing Supervisor |Finance Department | 8353 Sierra Avenue, Fontana, CA 92335 | (909) 350-7678 | [email protected] 499Exhibit 2
Page. 44 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Cudahy
Type of Contract: Municipality
Type of Services: Unarmed Security Guards
Term of Contract: One Year
Start & End: August 2023 - September 2026
Amount of Contract: $600,000.00
Locations: 3 parks and City Hall (5220 Santa Ana St, Cudahy, CA 90201)
Number of Security Officers: 6 Guards
Scope of Work:
Unarmed Patrol Services at three City parks, City Events at the Library/Civic Center adjacent to City Hall
Park Lockdowns, Building Checks, General Visibility, Event Security Protect, guard and patrol the three main parks located around the City Hall/City Centre to the fullest extent of our security services
Security Guard to report suspicious behavior, graffiti, and vandalism, building and site issues to staff and the facility supervisor, assist with doors, and contact 911 in case of an emergency. Follow Community Guidelines
Point of Contact:
Victor Maria Santiago | Parks and Recreation Manager | Cudahy City Hall | (323) 773-5143 ext. 232 | [email protected]
500Exhibit 2
Page. 45 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Malibu
Scope of Work
Type of Contract: Municipality
Type of Services: Unarmed Security Guard and Patrol Services Term of Contract: 1 Year
Start & End: August 2023 – September 2024
Amount of Contract: $73,000.00
Locations: Several Park locations
Number of Security Officers: 3 Guards
Unarmed Park Patrol Services
Public Information Dissemination and General Visibility Closing and securing multiple City Parks Sites daily
Observation and Reporting of Building and Property Issues at City Parks Our security guards present a professional appearance and are always cordial and alert Guards are also in charge of issuing parking permits
Security Guards to report suspicious behavior, graffiti, and vandalism, building and site issues to staff and the facility supervisor, assist with doors, and contact 911 in case of an emergency Point of Contact:
Kate Manisco |Recreation Manager |Community Services Department | 23825 Stuart Ranch Road, Malibu, CA 90265 | (310) 456-2489 ext. 363 | [email protected] 501Exhibit 2
Page. 46 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Upland
Type of Contract: Municipality
Type of Services: Unarmed Security Guard
Term of Contract: 2 Years + 1 Years optional extension Start & End: July 1, 2021, through June 30, 2023.
Amount of Contract: $1,200,000.00
Locations: Metrolink Station and Public Library
Number of Security Officers: 10 Guards
Scope of Work
Unarmed Security Services at critical locations
Public Information Dissemination and General Visibility Protect, guard and patrol the infrastructure, facilities, and surroundings, as well as protect the staff and public of Metrolink Station and other Service Locations designated by the City of Upland Monitor for theft, damage, fire, vandalism, trespassing, disturbance, illegal activities Report and document any kind of activity, conditions and situations that may result in eventual harm for Metrolink’s infrastructure, facilities, and surroundings Maintain a daily log of every shift, intended to document, and keep track of daily events Carry a radio, cellular phone and/or other communication devices for immediate contact with Dispatch Center, City of Upland’s staff and City of Upland Police Station Maintain the requirements for Post Management / Tour Verifications System Point of Contact:
Richard Smiderle | Public Works Operations Manager | 1370 N. Benson Ave. Upland, CA 91786 | [email protected] | (909) 291-2940
502Exhibit 2
Page. 47 CITY OF BELL GARDENS – SECURITY SERVICES | American Global Security, Inc.
City of Camarillo
Type of Contract: Municipality
Type of Services: Unarmed Security Guard
Term of Contract: 3 Years with the option for one 2-year renewal Start & End: July 1, 2021, through June 30, 2024.
Amount of Contract: $390,000.00
Locations: City of Camarillo Public Library
Number of Security Officers: 5 Guards
Scope of Work
Unarmed Security Services
Public Information Dissemination and General Visibility Protect, guard and patrol, to the fullest extent of coverage the perimeter and interior Security Guard to report suspicious behavior, graffiti, and vandalism, building and site issues to staff and the facility supervisor, assist with doors, and contact 911 in case of an emergency.
Point of Contact:
Janet Starr, Management Analyst | City of Camarillo | 601 Carmen Drive, Camarillo, CA 93010 P (805) 383-5677 | [email protected]
503Exhibit 2
504Exhibit 2
Addendum No. 1
Request for Proposals for Security Services for the City of Bell Gardens Sports Center, Veterans Park, and City Hall Parking Lot