022024 PR Executive Event Services Agreement Professional Services Agreement — City Council - Successor Agency

CITY OF FULLERTON

SECURITY SERVICES AGREEMENT
THIS AGREEMENT is made as of November 20, 2018 ("Effective Date") by and between the City of Fullerton, a California municipal corporation ("City") and Executive Event Services, aka EES, a California Limited Liability Corporation ("Contractor").

RECITALS
A. City desires to utilize the services of the Contractor as an independent contractor to provide security services to City as set forth in this Agreement.

B. Contractor represents that it has the qualifications, expertise, and experience to provide the services.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Contractor's Services.

Contractor shall provide the services described in the City's Request for Proposals ("RFP"), attached hereto as Exhibit "A," and Contractor's Response to City's RFP ("Contractor's Proposal"), attached hereto as Exhibit "B," both incorporated herein by this reference.

Il. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue for a period of two years unless earlier terminated pursuant to the provisions herein. This Agreement may be extended by mutual agreement of both parties, for three (3) one-year terms at the conclusion of the original term. To extend the agreement, Contractor shall provide written notice to the City of its request for extension 60 days prior to the end of the then-current term.

IlI. Compensation. Contractor shall be paid $22 per hour and $33 per hour during holidays in accordance with the fee schedule set forth in Exhibit B. Contractor shall be paid within fifteen days of submittal of an invoice to the City.

IV. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.

V. Iermination. The City may terminate this Agreement without cause upon 15 days written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the 15th day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination.

EES Security Services Agreement
November 20, 2018, Page 2 of 9
Contractor's failure to perform any of the terms or conditions of this Agreement shall be a breach of this Agreement. Upon written notice by the City of a breach, Contractor shall cure such breach within 24 hours or during the next available opportunity if such breach cannot be cured within 24 hours. In the event that the Contractor fails to timely cure the breach, the City shall have the right, notwithstanding any other provision of this Agreement, to immediately terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

VI. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

Contractor will not employ any regular employee of City while this Agreement is in effect.

VIl. Insurance. Contractor shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with products, materials or services supplied to the City.

Contractor shall provide current evidence of the required insurance in a form acceptable to the City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in Section X. or the extent to which Contractor may be held responsible for payments of damages to persons or property.

A. Minimum Scope and Limits of Insurance

1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

2. Business Automobile Liability Insurance. Contractor shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $2,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3. Workers' Compensation and Employers' Liability Insurance. Contractor shall maintain workers' compensation insurance as required by the State of California and employers' liability insurance with limits of not less than $1,000,000 each accident.

EES Security Services Agreement
November 20, 2018, Page 3 of 9
B. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City.

C. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

1. Commercial General Liability. The City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of products, materials, or services of the Contractor.

In the event that Contractor is providing service to City, such coverage as an additional insured shall not be limited to the period of time during which the Contractor is conducting ongoing operations for the City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to the City, its officers, employees and volunteers.

2. Commercial General Liability. This insurance shall be primary insurance as respects the CITY, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self- insurance maintained by the City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.

3. Workers' Compensation and Employers' Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of the City.

4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

D. Acceptability of Insurers. All required insurance shall be placed with insurers acceptable to the City with current BEST'S ratings of no less than A, Class VII. Workers' compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the City, insurance provided by non-admitted or surplus carriers with a minimum BEST'S rating of no less than A- Class X may be accepted if Contractor evidences the requisite need to the sole satisfaction of the City.

EES Security Services Agreement
November 20, 2018, Page 4 of 9
E. Verification of Coverage. Contractor shall furnish the City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions.

Additionally, Contractor shall furnish certified copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences or products and materials are delivered. The City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

VIlI. Non-Discrimination and Equal Employment Opportunity.

A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

IX. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed EES Security Services Agreement
November 20, 2018, Page 5 of 9
by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.

X. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

XI. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

XII. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

XIlI. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

XIV. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors.

XV. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

XVI. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the EES Security Services Agreement
November 20, 2018, Page 6 of 9
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

XVII. Notices. All notices to this Agreement shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the US mail, personal delivery or email. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S.

Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

City Contractor
Parks and Recreation Supervisor Bobby Slater, Vice President City of Fullerton Executive Event Services, LLC
303 W. Commonwealth Ave. 22600 Savi Ranch Pkwy, Suite A35 Fullerton, CA 92833 Yorba Linda, CA 92887
XVIII. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.

In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

XIX. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
xx. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

XXI. Independent Contractor. Contractor is and shall be acting at all times as an independent Contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents EES Security Services Agreement
November 20, 2018, Page 7 of 9
or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

XXII. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

XXIII. ( Economic Interest Statement. Contractor hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advise under this Agreement, prior to the commencement of work, unless waived by the City Manager.

XXIV. Conflict of Interest. Contractor and its officers, employees, associates and Subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any EES Security Services Agreement
November 20, 2018, Page 8 of 9
manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developers) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

XXV. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

XXVI. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

XXVII. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.

XXVIII. Exhibits. This AGREEMENT includes the following, which are attached hereto and made a part hereof:

Exhibit A - Request for Proposals for Security Services dated August 27, 2018 Exhibit B - Contractor's Response, to the Security Services RFP dated September 17, 2018 XXVII. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

EES Security Services Agreement
November 20, 2018, Page 9 of 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

City of Fullerton,
Date: /2-3-18
Director of Parks and Recreation
Judy Booth Date: 12|6|18
udy Booth C Sudeth B. Booth
Fullerton Public Library Director
Executive Event Services, LLC,
Date: 11/29/18
ATTEST:

APPROVSPAS TO FORM:
cinda Wittans, Cry Aloney
Exhibit A: EES Secuirty Services Agreement
November 20, 2018
CITY

CALIFORNIA

CITY OF FULLERTON
Request for Proposals
For

SECURITY SERVICES AT

FULLERTON PARKS & RECREATION FACILITIES
AND

FULLERTON PUBLIC LIBRARY
August 27, 2018
Security RFP - P&R & FPL

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Request for Proposals
For Security Services at
Fullerton Parks & Recreation Facilities
and Fullerton Public Library

1.0 Introduction
The City of Fullerton (CITY) is soliciting Request for Proposals (RFP) from qualified professional security companies to provide security services located at the following facilities:
• Fullerton Community Center: 340 West Commonwealth Avenue. Fullerton. CA 92832 • Fullerton Public Library: 353 West Commonwealth Avenue. Fullerton. CA 92832 • Maple Center: 701 South Lemon Ave. Fullerton CA 92832 • Hillcrest Terrace & Isaak Walton Cabin located within Hillcrest Park: 1155 North Lemon Ave.. Fullerton CA 92832
Respondents must perform the services described in the Scope of Work (Attachment 1) below. and must have a professional security business that has been in business for a minimum of three (3) years. along with the possession of a current Private Patrol Operator License issued on by the Bureau of Security and Investigative Services.

1.1 Disclosure Requirements
Disclosure of any actual or potential conflicts of interest relative to this solicitation is of paramount importance to the City.

The successful respondent will be required to indemnify the City of Fullerton in accordance with terms similar to those identified in the Agreement for a failure of the respondent to disclose any actual or potential conflicts associated with this engagement within its response to this solicitation.

1.2 Submittal of Questions
Questions arising during preparation of a submittal should be addressed to Parks and Recreation Supervisor. Brian Yourstone. via e-mail at [email protected].

2.0 Submittal Reguirements
The respondent shall follow the format specified below. The contents of the submittal must be clear. concise. and complete. Each section of the submittal shall be tabbed and labeled in the order shown below.

2.1 Submittal Cover
The submittal cover shall include the title. submittal due date. name. address. telephone and fax numbers. and e-mail address of the principal contact. Include the following statement:

Security RFP - P&R & FPL

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"This submittal is for Security Services at Multiple Parks & Recreation Facilities and Fullerton Public Library."

2.2 Table of Contents
The table of contents shall be complete and clear. listing headings and pages to enable easy reference.

2.3 Proposal Questions and Requirements
Complete the questions in order as they appear on Attachment 2 - Proposal Questions and Requirements. Label each response accordingly. Submittals shall be labeled at the upper right hand corner. i.e. "Proposal Question #3-Menu"

2.4 Insurance
This section shall include proof of insurance as required in the scope of work.

3.0 Selection Process and Evaluation Criteria

3.1 Selection Criteria and Submittal Process
The City evaluation team will review the submittals and select the most qualified respondent.

Responses will be scored on a scale of one (1) to five (5) with five (5) being the highest. The following criteria utilized:
• Completeness of RFP
• Possession of a current Private Patrol Operators License issued by the Bureau of Security and Investigative Services
• Years in business
• Security companies quality of service and performance of work as verified by reference check
• Hourly price for services
The City's evaluation team will rank the submittals and select the company that best fits the City's needs for recommendation to the City Council. Local Fullerton security service providers will receive one bonus point.

3.2 Submittal Schedule
The solicitation. submittal intake. evaluation. and final selection will conform to the following schedule.

Note: Dates are subject to change.

Distribution/Advertisement August 27. 2018
• Deadline for Submittal September 17. 2018
• Internal Selection Process September 24. 2018
Security RFP - P&R & FPL

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• City Council Approval October 16. 2018

3.3 Submittal Deadline and Contact Information
Submissions shall not exceed a total of 15 pages. including any appendices and required forms. using a minimum type size of 11. The respondent shall submit one unbound original. five copies. and one "high quality" digital PDF file (on flashdrive). • Submittal Deadline: Monday, September 17, 2018 @ 4:30 pm • Submit Direct inquiries and RFP responses to:

Brian Yourstone
Parks and Recreation Supervisor
Parks and Recreation Department
City of Fullerton
340 West Commonwealth Avenue
Fullerton. CA 92832
Phone: 714-738-3125
Email: [email protected]
Specific questions regarding the RFP contents should be sent in writing or via e-mail to ensure appropriate tracking and response.

The respondent understands that incomplete submittals. incorrect information. or late submittals shall be cause for disqualification. Copies received by e-mail and/or fax shall not be deemed as received.

4.0 Declarations and Additional Information

4.1 City Rights Pertinent to this RFP
The City reserves the right to reject all submittals for any reason without indicating reasons for rejection.

The City reserves the right to amend this solicitation by addendum. The City is bound only by what is expressly stated in this solicitation and any authorized written addenda thereto.

Addenda's will be posted on the City of Fullerton's website at www.cityoffullerton.com. It shall be the respondent's responsibility to check the website up to the final submittal date daily for any possible addenda.

The City accepts no financial responsibility for any costs incurred by the respondent. All submittals become the properly of the City and may be used in any way deemed appropriate.

Submittals will be considered valid for 120 days after submittal deadline.

4.2 Withdrawal of Solicitation
The City reserves the right to withdraw this solicitation at any time without prior notice and makes no representation that any agreement will be awarded to any respondent.

Security RFP - P&R & FPL

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Additionally. the City expressly reserves the right to postpone opening responses to this solicitation for its own convenience. and/or to waive any informality or irregularity in the responses received

4.3 Formal Approval of Agreement
The respondent understands that issuance of this solicitation does not commit the City to award a contract. to pay any costs incurred in the preparation of a response to this solicitation. or to procure a contract for services. The respondent should note that the execution of any contract pursuant to this solicitation will be dependent upon the approval by the City Council.

4.4 Independent Contractor Status
The respondent agrees. if selected. that he or she shall perform the services as independent contractors) and not employee(s) of the City. The City shall not be considered the employer. officers). employee(s). or agents) of the respondent. The respondent understands. if selected. the respondent shall have the sole responsibility for deciding the manner and means of providing the services. except as outlined in the final contract with its attachments or exhibits.

4.5 City Quality Assurance Process
The respondent understands that upon execution of the Agreement. City will evaluate performance on a periodic basis. Such evaluation will include assessing compliance with all terms stated in the Agreement and the Scope of work. If deficiencies are determined. a report will be generated outlining improvement methods and corrective actions. improvement does not occur. the City may terminate the Agreement. in whole. or in part. or impose other penalties as specified in the Agreement.

4.6 Public Disclosure
The respondent understands that as a general rule all documents received by the City are considered public records. Therefore all submittals shall be made available for public inspection according to applicable disclosure rules and regulations. if the respondent considers his or her submittal as proprietary and/or otherwise exempt from disclosure he or she must submit written request for a determination of whether the documents can be withheld for public disclosure no later than 10 days prior to the due date of the submittal.

City Attorney will make a determination of confidentially. If a determination is not obtained prior to the submittal deadline. all documents) shall be subject to public disclosure.

4.7 Confidential Solicitation
The City shall not share the details of individual responses to this solicitation with competing respondents during the selection process. After the selection process ends and prior to legislative action of the Agreement. all solicitation become public information (except portions otherwise deemed confidential as noticed in Section 4.8)

4.8 Conflict of Interest/Financial Disclosure
Security RFP - P&R & FPL

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Key personnel who will be performing services under this Agreement are required to make disclosures with respect to the City of Fullerton.

Respondent covenants that he or she presently has no interest and shall not acquire any interest. direct or indirect. which would conflict in any manner or degree with the performance of its services hereunder. Respondent further covenants that in the performance of this Agreement. no person having such conflict of interest shall be employed by Consultant.

4.9 Indemnification
The respondent agrees. if selected. to indemnify and hold harmless the City and all officers and employees of each entity from any and all liability. claims. costs (including reasonable attorney's fees). demands. damages. expenses, and causes of action.

4.10 Examination of Solicitation
The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of City's knowledge. the information provided is accurate. However. City does not warrant such accuracy, and any errors or omissions subsequently determined will not be construed as a basis of invalidating this solicitation. Further. by submitting a response to this solicitation. the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objective of the City.

4.11 Equal Opportunity
The City of Fullerton is strongly committed to equal opportunity in solicitation of services.

4.12 Nondiscrimination Policy
The respondent shall not discriminate on the basis of race. gender. religion. national origin. ethnicity. sexual orientation. age. or disability in the solicitation. selection. hiring or treatment of sub-consultants. vendors. or suppliers. The respondent shall provide equal opportunity for sub-consultants to participate in subcontracting opportunities. The respondent understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination. debarment. or other sanctions.

4.13 Local Business and Employment
The respondent acknowledges that the City seeks to promote employment and business opportunities for local residents and firms on all City projects. The respondent shall. to the extent legally possible. solicit application for employment and proposals for subcontracts for work associated with this document from local residents and firms as opportunities occur.

The respondent agrees to hire qualified local residents and firm whenever feasible.

5.0 Appendices
• Attachment 1 - Scope of Work
• Attachment 2 - Proposal Questions and Requirements
Security RFP - P&R & FPL

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ATTACHMENT 1

SCOPE OF WORK
REP for Security Services at
Fullerton Parks & Recreation Facilities
and Fullerton Public Library
I. Overview
The City is seeking professional unarmed security service provider to be used at multiple Parks * Recreation facilities for private events located at the Community Center (FCC). Maple Center tillcrest Terrace and Isaak Walton Cabin. The Fullerton Public Library (FPL) will need unarmed The designated security firm will provide security guard(s)/officers) for events that take place at the above designated City facilities. Events that quality for security guards)/officers) will be communicated by one of the City s Rental Coordinators within one week advanced notice of the event. The City requires that events with alcohol service and large youth based events require security. Other events may be deemed by the City staff to require security services. In some cases. events may require multiple security guards/officers.

The FPL will require the designated security firm to provide services during normal business hours. The FPL may request additional security services during events. and will communicate those needs within one week of the desired security service. Normal operating hours are:

Monday - Thursday 10:00 am to 9:00 pm
Friday and Saturday
1000 pm 0 5500 pm
Sunday
li. Security Guard Duties
A. Security guards must be properly trained on-site before being assigned to a scheduled shift.

B. Upon arrival the assigned guard(s) will sign in with the coordinator/ on-site staff. and receive specific instructions for each event and pick up a radio if necessary for the location assigned.

C. The assigned guard(s) shall patrol all grounds (parking lots. patios. restrooms. building. and lobby areas) every 20 to 30 minutes for graffiti. trash and suspicious behaviors. Specifically addressing unauthorized drinking activities and/ or illegal smoking within 20ft of any City facility.

D. The assigned guard(s) must make sure the customer/renter is in compliance Security RFP - P&R & FPL

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with City Policy.

1. No open bottles of alcohol are on the tables.

2. No minors are being served.

3. Alcohol is limited to 6hrs of service time.

4. Monitor opening & closing of bar areas. making sure alcohol is taken off the premises.

5. Security Guard must be 21 years of age or older.

E. The assigned guard must report suspicious behaviors to the Coordinator or on-site supervisor immediately. Guards may directly contact the Fullerton Police Department if there is an abrupt threat of danger/violence. Guards are not expected to become physically involved in any altercation while on duty.

F. Security guard(s) will work with on-site personnel in a courteous and professional manner.

G. Security guard(s) shall have prior experience or knowledge on how to manage unwanted loitering.

H. Security guard(s) will be ynarmed at all times. (Including, but not limited to. guns. Tasers and pepper spray.)
I. Security guard(s) will maintain two-way radio communication with the Coordinator or on-site supervisor at all times when assigned at FCC.

J. Security guard(s) must check in with the Coordinator or on-site supervisor at a minimum of every 30 to 60 minutes.

K. Security guards will refrain from any activities which are. or might be distracting from the proper performance of their assigned duties. For example: reading. smoking. socializing. and eating.

L. Use of a cell phone for anything other than job related purposes is prohibited.

M. Security guards may not abandon their assigned shifts.

Ill. Insurance
CONTRACTOR shall procure and maintain throughout the duration of this Agreement. insurance against claims for injuries to persons or damages to Premises which may arise from or in connection with the CONTRACTOR'S operations. occupancy of and use of the leased premises. CONTRACTOR shall provide current evidence of the required insurance in a form acceptable to the CITY and shall provide replacement evidence for any required insurance which expires prior to the completion. expiration or termination of this Agreement.

Security RFP - P&R & FPL

Page 9 ends

Nothing in this section shall be construed as limiting in any way. the Indemnification and Hold Harmless clause of the Agreement or the extent to which CONTRACTOR may be held responsible for payments of damages to persons or Premises.

A. Minimum Scope and Limits of Insurance

1. Commercial General Liability Insurance. CONTRACTOR shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 001 ED. 11/88. with a limit of not less than $1.000.000 each occurrence. If such insurance contains a general aggregate limit. it shall apply separately to the Agreement or shall be twice the required occurrence limit.

2. Business Automobile Liability Insurance. CONTRACTOR shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 000 T ED. 6/92. with a limit of not less than $1.000.000 each accident. Such insurance shall include coverage for owned. hired and non-owned automobiles.

3. Workers' Compensation and Employers' Liability Insurance. CONTRACTOR shall maintain workers' compensation insurance as required by the State of California and employers' liability insurance with limits of not less than $1.000.000 each accident.

B. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the CITY.

C. Other Insurance Provisions
The required insurance policies shall contain or be endorsed to contain the following provisions:

1. Commercial General Liability and Business Automobile Liability The CITY. its elected or appointed officials. officers. employees and volunteers are to be covered as insureds with respect to liability arising out of CONTRACTOR's operation or the ownership. occupancy. maintenance or use of the leased premises; or with respect to liability arising out of automobiles owned. leased. hired or borrowed by or on behalf of the CONTRACTOR. The coverage shall contain no special limitations on the scope of its protection afforded to the CITY. its officials. officers. employees and volunteers.

Commercial General Liability and Business Automobile Liability This insurance shall be primary insurance as respects the CITY. its officers. employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self-insurance maintained by the CITY. its officers. employees and volunteers shall be excess of this insurance and shall not contribute with it.

2. Workers' Compensation and Employers' Liability Insurance Insurer shall waive their right of subrogation against CITY. its officers. employees and volunteers for work done on behalf of the CITY.

Security RFP - P&R & FPL

Page 10 ends

3. All Coverages.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled. except after thirty (30) days' prior written notice by certified mail. return receipt requested. has been given to the CITY.

D. Acceptability of Insurers
All required insurance shall be placed with insurers acceptable to the CITY with current BEST'S ratings of no less than Bt. Class X. Workers' compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be Icensed by or hold admitted status in the State of California. At the sole discretion of the CITY. insurance provided by non-admitted or surplus carriers with a minimum BEST'S rating of no less than A- Class X may be accepted if CONTRACTOR evidences the requisite need to the sole satisfaction of the CITY.

E. Verification of Coverage
CONTRACTOR shall furnish the CITY with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses. policy numbers. coverage. limits. deductibles and self-insured retentions. Additionally.

CONTRACTOR shall furnish certified copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by CITY before CONTRACTOR occupies premises. The CITY reserves the right to require at any time complete. certified copies of any or all required insurance policies and endorsements.

IV. Security Service Providers Personnel and Staffing
Security service providers shall recruit. employ. train. monitor performance and supervise personnel and staff with appropriate qualifications and experience. All personnel providing security services shall be employees of the security service providers (or employees of a staffing agency utilized by the security service provider) and not employees of the CITY.

Security service providers accept full and exclusive liability for all applicable social security. unemployment. worker's compensation. federal. state and local taxes. contributions of insurance. and all employee benefits.

Security service providers shall not employ any person or engage the services of any staff who shall use indecent or profane language or who acts in a loud or boisterous manner at any City facility.

Security service providers' employees shall maintain a consistently high level of service and pearance to meet the needs of FCC. satellite centers. and FPL clients at each and ever hift. Employees of security service providers shall be clean. courteous. efficient and properl trained in their respective areas of responsibility. Employees shall be attired in clean and complete uniforms with no holes or rips of any kind at all times.

The CITY is not and shall not be responsible for the personal belongings of any security service providers' employees or subcontractors. All items must be removed at the conclusion of each event.

Security RFP - P&R & FPL

Page 11 ends

ATTACHMENT 2

PROPOSAL QUESTIONS AND REQUIREMENTS
REP for Security Services at
Fullerton Parks & Recreation Facilities
and Fullerton Public Library
A. COMPANY AND CONTACT INFORMATION

1. Legal name, address. phone number. fax. email and website address of the responding company.

2. Name. title, address. phone. fax and email of the individual who is the primary contact for this proposal.

3. Name of the individual who will have primary operations responsibility of security service operations. Include contact information and description of the individual's background and experience with security management; list responsibilities and number of years with the company.

B. DESCRIPTION OF THE COMPANY
Describe the company's background and history; include legal designation. years of experience. number of employees. and business service methodology particularly as it is related to the City of Fullerton security services opportunity.

C. RELEVANT EXPERIENCE AND REFERENCE
Each respondent must include not more than five (5) references that demonstrate a full range of experience. Each event or facility reference should include: date of service(s) offered. type o event or facility where security services were provided. name and address of client and the tota of people in attendance at the event or on average inside the facility. Also include any extraordinary elements of the event/ facility. Reference shall include services which took place within the last 6 months. one (1) year and three (3) years.

D. SECURITY OPERATION
Briefly describe your security program and what you believe will make your company successful at the Parks & Recreation Facilities and FPL. Provide a current price list to include cost per hour per guard. A copy of the company's policies and procedures provided to prospective and current clients should be included.

CITY OF FULLERTON

SECURITY SERVICES AGREEMENT
THIS AGREEMENT is made as of October , 2018 ("Effective Date") by and between the City of Fullerton, a California municipal corporation ("City") and Security Company, a [state and type of entity] ("Contractor").

RECITALS
A. City desires to utilize the services of the Contractor as an independent contractor to provide security services to City as set forth in this Agreement.

B. Contractor represents that it has the qualifications, expertise, and experience to provide the services.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

I. Contractor's Services.

II. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue for a period of two years unless earlier terminated pursuant to the provisions herein. This Agreement may be extended by mutual agreement of both parties, for three (3) one-year terms at the conclusion of the original term. To extend the agreement, Contractor shall provide written notice to the City of its request for extension 60 days prior to the end of the then-current term.

III. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit _. Contractor shall be paid within fifteen days of submittal of an invoice to the City.

IV. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.

V. Termination. The City may terminate this Agreement without cause upon 15 days written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the 15th day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination.

Security Services Agreement
October, 2018, Page 2 of 9
Contractor's failure to perform any of the terms or conditions of this Agreement shall be a breach of this Agreement. Upon written notice by the City of a breach, Contractor shall cure such breach within 24 hours or during the next available opportunity if such breach cannot be cured within 24 hours. In the event that the Contractor fails to timely cure the breach, the City shall have the right, notwithstanding any other provision of this Agreement, to immediately terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

Contractor will not employ any regular employee of City while this Agreement is in effect.

A. Minimum Scope and Limits of Insurance

Security Services Agreement
October, 2018, Page 3 of 9
B. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City.

C. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

3. Workers' Compensation and Employers' Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of the City.

4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City If the Contractor maintains higherlimits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Security Services Agreement
October, 2018, Page 4 of 9
E. Verification of Coverage. Contractor shall furnish the City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions.

VIll. Non-Discrimination and Equal Employment Opportunity.

IX. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Security Services Agreement
October, 2018, Page 5 of 9
Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

XII. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

XIII. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

XVI. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the Security Services Agreement
October, 2018, Page 6 of 9
information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

City Contractor
Parks and Recreation Supervisor
City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92833
XVIII. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.

XX. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any Security Services Agreement
October, 2018, Page 7 of 9
and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

XXII. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subContractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

XXIII. Economic Interest Statement. Contractor hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advise under this Agreement, prior to the commencement of work, unless waived by the City Manager.

XXIV. Conflict of Interest. Contractor and its officers, employees, associates and Subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the Security Services Agreement
October, 2018, Page 8 of 9
performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

XXVI. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.

XXVIII. Exhibits. This AGREEMENT includes the following, which are attached hereto and made a part hereof:

Exhibit A - Request for Proposals for Security Services, RFP # Exhibit B - Contractor's Response, to the City's Request for Proposals dated , 2018 XXVII. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

City of Fullerton,
Date:

Hugo Curiel
Security Services Agreement
October, 2018, Page 9 of 9
Director of Parks and Recreation
Date:

Judy Booth
Fullerton Public Library Director
Contractor Name,
Date:

Name & Title
ATTEST: APPROVED AS TO FORM:

Lucinda Williams, City Clerk
Dra

CITY OF FULLERTON
RFP Security Services

CALIFORNI
Addendum No. 1
Security Services at Fullerton Parks and Recreation
Facilities and the Fullerton Public Library
DATE: August 30. 2018
This addendum is being issued to clarify and provide additional information for the for the Security Services RFP:

QUESTIONS
The City will respond to all questions on Monday. September 10. 2018. A list of all questions and the corresponding answers will be posted as an Addendum. The City wants to ensure that all potential proposers have the same specifications and necessary information when they prepare their proposals so no one is inadvertently given an unfair advantage.

All other terms and specifications including the due date and time remain the same as in the original bid package.

END OF ADDENDUM No. 1

Page 1 ends

CITY OF FULLERTON
U
CALIFORNI RFP Security Services
Addendum No. 2
Security Services at Fullerton Parks and Recreation
Facilities and the Fullerton Public Library
DATE: August 31. 2018
This addendum is being issued to clarify and provide additional information for the for the Security Services RFP:

1.0 Introduction
In addition to the facilities listed in this section requiring security services. Various park facilities shall be included.

Al alher tarms and specifications noluding the due dale and time remain the same as in the original END OF ADDENDUM No. 1

Page 1 ends

CITY OF FULLERTON
CALIFORNI RFP Security Services
Addendum No. 3
Security Services at Fullerton Parks and Recreation
Facilities and the Fullerton Public Library

RESPONSE TO QUESTIONS
DATE: September 10. 2018
This addendum is being issued to clarify and provide additional information for the for the Security Services RFP:

Response To Questions Received Through September 10, 2018

1.) Is overtime rate lined in the contract?
No

2.) Is there any minimum wage/pay?
The City will be paying the potential proposer as an outside contractor. It's up to the company to determine that their rates will cover the minimum wage requirements and meet all of the labor laws and regulations.

Is there any prevailing wage, living wage ordinance, state or local mandated wage, contract specific wage or collective bargaining agreement?
This type of work doesn't require prevailing wage pay. Please refer to question / answer #2.

Is there a desired page limit for the proposal submission? No - page limits stated in RFP
How many weekly/monthly/annually hours are required for this bid? Approx. 100 hours per week - based on facility rentals

6.) When was the last contract awarded?
9/28/2015

Page 1 ends

CITY OF FULLERTON
CALIFORNI RFP Security Services
Addendum No. 3
Security Services at Fullerton Parks and Recreation
Facilities and the Fullerton Public Library

RESPONSE TO QUESTIONS

7.) Estimated usage (number of hours) of prior contract? Approx. 80 hours/week

8.) Are there any additional Security guard services to this contract?

9.) Who is the current incumbent?
Executive Event Services, LLC for the Library. Command Security for Parks and Recreation facilities

10.) What is the current bill rate? / What was the previous bill rate? $21.50/hr.

11.) Are vehicles required for this bid? If so, how many and what type are needed?
No

12.) How many vehicles and what types of vehicles is the incumbent using? Incumbent is not using vehicles.

13.) Is there any additional equipment required other than what's mentioned in the proposal?
No

14.) Is there a format for pricing that is desired?
No. Please be sure to provide an hourly rate.

15.) What was the contract amount spent last year?
Approx: $65,000

16.) Please note that the minimum limits for Commercial General Liability Insurance has incrased to $2 million for each occurance.

All other terms and specifications including the due date and time remain the same as in the original bid package.

Page 2 ends

Exhibit B: EES Security Services Agreement
November 20, 2018
BES
Submitted by:

Bobby Slater
Vice President
EES Security
22600 Savi Ranch Pkwy
Yorba Linda, CA 92886
Office: 714-283-2766 X102
Fax: 714-616-5473
[email protected]
Private Patrol Officer License # 16122
Proposal Due Date: September 17, 2018
"This submittal is for Security Services at Multiple Parks & Recreation Facilities & Fullerton Public Library."
CURIT
Table of Contents
A. Cover Letter... ..3
B. Company and Contact Information.. „4
C. Description of the Company... .5-6
D. Relevant Experience and Reference. .7-8
E. Security Operation......................... ...9-10
F. Proof of Insurance. ...11-13
G. Copy of CA State PPO License.............. .....14
September 14, 2018
Dear Brian,
On behalf of EES Security, I would personally like to thank The City of Fullerton for the opportunity to present you with a proposal for security guard services. We are very grateful for the opportunity that we have had to serve the city and the Fullerton library for the past three years.

With our experience and history of managing many other city properties, commercial properties, construction sites, town centers, parks, and many other types of properties our management team knows what goes into the operations and duties of day to day coverage to make a property run as efficiently as possible. We hope the City of Fullerton Library staff has seen over the past three years the emphasis that EES has made on providing personable security guards that value both their post responsibilities and customer service. EES fully understands the value of representing The Fullerton Library & other city properties in a professional and courteous manner on a daily basis throughout the year.

Over the past 30 years, EES has gained an unparalleled reputation for providing the best personalized service in the industry. Our philosophy of striving for continual excellence has given us the opportunity to build strong relationships within the construction, property management, and city management. Each one of our client references will substantiate the fundamental qualities of honesty and moral integrity that are essential to our operating philosophy.

Thank you again for the opportunity and we look forward to continuing to service the security program for the City of Fullerton.

Sincerely,
Bobby Slater
Vice President
714-402-0385 (cell)
[email protected]
B. Company and Contact Info
Executive Event Services, LLC
22600 Savi Ranch Pkwy, Suite A35
Yorba Linda, CA 92887
714-283-2766 Office Main
714-616-5473 Fax
[email protected]
www.eesnation.com

2. Primary Proposal Contact
Bobby Slater
Vice President
22600 Savi Ranch Pkwy, Suite A35
Yorba Linda, CA 92887
714-283-2766 x102 Direct Line
714-616-5473 Fax
714-402-0385 Mobile
[email protected]
Primary Operations Contact
Scott Weber
714-283-2766 x108 Direct Line
714-900-1764 Mobile
[email protected]
Background and Experience:

Scott began his career working for EES 6 years ago as an event and patrol guard working for us in the field. As he continued to gain experience and stand out as a hardworking, detail oriented individual, and customer service centered guard, we continued to promote him through our company. The titles that he has held with the company are as follows: Fleid Security Guard, Assistant Field Patrol Supervisor, Field Patrol Supervisor, and Patrol Training & Scheduling Manager. His current list of responsibilities includes the training and scheduling of our Orange County patrol division. He has a very good knowledge of the Fullerton Library and their staff as he was one of the first guards that we placed at the site back in 2015 before he was promoted. 4 S. Description of the Company
Company's Background & History
Executive Event Services is a California Limited Liability Corporation that has been in business for over 30 years.

Our corporate offices are in Yorba Linda, CA and we have satellite offices in Los Angeles, Commerce, San Bernardino, Monterey, San Diego, and Napa. We currently have over 2,500 active employees here in CA, and over 400 active employees in Orange County alone.

Business Service Methodology
No two security situations are exactly alike. That's why your security services program should be tailored to your needs. Over the past three years we have worked directly with the Fullerton Library staff to build a customized security solution. Some of the keys to our success has been our ability to continually make the necessary adjustments with the schedule, and with the job duties of guards onsite. Due to the ever-changing environment that we are living in and due to different incidences, that have occurred we have been able to tailor the security needs to the patrons in attendance at the library and cater to the staff working at the library.

Being able to combine providing the right staff, training and technology with the responsiveness of our local site management has been the building blocks to our enduring client relationships.

In addition to what we have been able to provide for the library over the past three years, EES would like to offer a customizable daily security tour login system for each City of Fullerton property that will be needing service so that the necessary City of Fullerton personnel will be able to get a daily report of exactly where our staff is and the times that they were there. In addition, this customizable app that we use also integrates all incident reporting and daily activity reports that can be directly emailed to all necessary personnel to ensure we are providing what is being asked of us. This is currently being rolled out companywide for all our clients and we would provide this to the City of Fullerton for no additional costs.

Services Offered
EES Security patrol services are customized to meet your unique needs. Our patrol operations are available 24/7 to provide the continuous safety of your people and property. Our patrol personnel are trained to support you in a variety of ways, including:
• Providing professional response to emergency situations • Providing safety watch
• Helping to promote a safe workplace environment
• Performing set patrols or random patrol patterns
• Serving as stand-by for water leaks, power outages, special coverage needs • Conducting vehicle patrols, foot patrols, lock checks, interior and/or exterior checks and parking lot checks • Offering safe and secure shuttle services for VIP guests or employees • Providing a presence to detour vandalism and loitering. 5 Our patrol officers help to deter vandalism, theft and trespassers on your property. Should the need arise, our patrol personnel are trained to coordinate quick notification of local law enforcement.

D. Relevant Experience and Reference
References

1. Client Name: City of Huntington Beach
Client Contact: Brian Seitz, Captain
Date of service: May 2018 - Current
Type of Service provided: Vehicle Car Patrol, City of Huntington Beach Library, & Special Event Security Guards at City Owned Facilities
Client Address: 2000 Main St, Huntington Beach, CA 92648 Client Phone Number: (714) 536-5976
Attendance of Facilities: Attendance at Special Event Facilities for the City of Huntington beach range from 25 - 500+.

Additional Info: EES is currently providing a 12 hour per night/7 days per week car patrol of the entire city of Huntington Beach. This Includes many parks, beach bathroom areas, llbrary, main street, and additional areas that we check on each night. We also provide a foot patrol guard for the Main Street Library location during certain hours when they are open. Lastly, we provide event security guards for 6 different city owned facilities that host a multitude of different events such as weddings, corporate events, and parties.

2. Client Name: Turner Construction, Wilshire Grand Hotel Construction Project Client Contact: Michael Marchesano, Vice President, General Superintendent Date of service: May 2012 - July 2017
Type of Service provided: Property Site Guard Service
Client Address: 1000 S. Prairie Avenue, Inglewood, California 90301 Client Phone Number: (949) 254-2058
Attendance of Facilities/Detalls of Project: On a daily basis over the 5 years we provided services, there was between 250-1000 working staff onsite. In addition, to the daily guard service, EES already provided special event security services for multiple special events where there were 3,000+ in attendance and we provided over 125 special event security guards.

3. Client Name: ZVK Corporation, San Diego Commercial Shopping Center Cllent Contact: Peter Mellos, Vice President
Date of service: April 2014 - Current
Type of Service provided: Property Site Guard Service
Client Address: 1790 W Washington St, San Diego, CA 92103 Client Phone Number: (858) 775-4246
Attendance of Facilities/Detalls of Project: Daily over the 4 years we have provided security guard services, there is at least 1,500 people that visit the commercial property each day. There is a small apartment complex onsite that has 12 units, multiple restaurants, a bar that operates 5 days a week, and multiple other business in the center. It is a very busy center where we monitor parking and perform foot patrols to provide a safety presence for patrons in the area.

4. Client Name: Huntington Beach BID
Client Contact: Matt Peterson, BID President
Date of service: July 2018 - Current
Type of Service provided: Downtown/Main Street Security Foot Patrol Client Address: 315 3r Street, Suite E, Huntington Beach, CA Client Phone Number: 714-536-8300
Attendance of Facilities/Details of Project: There is multiple 1,000's of people that are within our foot patrol area on a daily basis. The BID (Business Improvement District) contract EES Security to provide 4 guards, 5 days a week, 8 hours a day to patrol the HB downtown, Main Street, and 5'h street area. We work directly the pollce department there to assist with homeless, interact with patrons, and provide property protection for the area.

5. Cllent Name: Circa Downtown LA, JAMISON PROPERTIES, INC.

Client Contact: MARGO (HOROWITZ) WEISZ
Date of service: July 2017 - Current
Type of Service provided: Property Protection, Security Foot Patrol, Building Security Cllent Address: 1337 S. FLOWER STREET, LOS ANGELES, CA 90015 Client Phone Number: 310.508.9727
Attendance of Facilities/Details of Project: This is multi building project downtown LA across from Staples Center where we provide 8 security guards there 24 hours a day and 7 days a week. Due to the heavy pedestrian traffic of downtown LA, there is often many thousands of people that bypass the building daily.
8 D. Security Operation
EES Security's sustainable success in the security industry has been directly attributed to our ability to bulld customized security solutions each individual client. Each of the five projects listed above and including the services we have provided for the Fullerton Library over the past three years are all a very good example of that. Each location and client demand a very different type of guard, post orders, and communication. This will be a very important aspect of developing this new program for the City of Fullerton.

Furthermore, because of our most recent experience of getting a very expansive security program up and running for the City of Huntington Beach, we are very confident in our team's ability to provide the same insight and use that experience to help the City of Fullerton expand their security program.

Lastly, because we have been the preferred vendor for the City of Fullerton Library for the past three years we feel that is will make it a very smooth transition for the City to have EES continue to provide the security services for the city. We will be able to use the many things that we have learned over the past three years at the library and implement those things into the additional facilities.

Pricing Proposal
Guard Grade Level Client Fee Emplovee Pay Rate
Option A $22 per/hr $13-$15 per/hr
This option will provide the site with the highest quality of security services. This guard will provide excellent customer service to all patrons at the city facilities and will routinely go above and beyond to keep the site safe and secure.
-DAR & Report Writing Certified -Excellent Communication Skills -Bilingual options available -Drug Tested -Minimum 3 year's security exp. -BSIS Guard Card Here is the list of courses that their training courses has focused on. : Terrorism Awareness
Officer Safety
• Arrests, Search, and Seizure
Observation and Documentation
: Disorderty patron mansement Communication and its significance Pricing Includes

1. Flat rate pricing for you so that you do not have any overtime costs to worry about.

2. All insurance, work comp, payroll taxes, and payroll services for our employees.

3. Dedicated Account Manager to meet with you on a set basis.

4. Professional Security Guard Uniform.

5. Employee Screening

6. Annual Property Assessment

7. All employee training

8. Daily Activity Reports

9. Guard Tour System (Tracks all guard activity)

10. Administrative Oversight
Holiday Rates Apply for the Following Holidays:
• New Year's Day
President's Day
Easter
Memorial Day
Independence Day
• Labor Day
Veteran's Day
• Thanksgiving Day
• Christmas Day
Invoicing Procedures
All invoices will be delivered to the appropriate parties involved on the 1" and the 16" of each month. All work provided from the 1*- 15"h will be invoiced on the 16", and all work provided from the 16* till the end of the month will be invoiced on the 1" of the month. All invoices will be due 15 days after they have been received.

This is the current EES policy but is always negotiable depending on our client's A/P departments. Our goal is to have a system that works well for both parties involved.

Last Minute Orders
Due to our history of working with the City of Fullerton, we will not have any additional last-minute order fees associated with this account. In addition, because our corporate offices are less than 15 minutes from many of the City of Fullerton sites, it makes it very easy for our team to mobilize additional resources if the request is ever needed.

Additional Policies and Procedures
All additional policies and procedures will be customized once the full scope of work is developed with all city personnel. We make it a priority to make each sites policies and procedures once we have a fully developed schedule and job duties.

All EES Security Management and Staff thank the City of Fullerton for the opportunity to continue working with the city and your staff. We look forward to the ability to expand this program and customize the security solutions that will best fit the citizens and visitors of the city.

Sincerely,
EES Management
10 F. Proof of Insurance
Our Policy is currently in renewal as we speak but this will show you our limits of what we have provided for the city in previous years.

EXECEVE-01 IRMA
ACORD

CERTIFICATE OF LIABILITY INSURANCE DATE PARDONYTI
06/22018

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERE NO RIGHT UPON THE CERTIPICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRNLATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE:

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COMPITUTE A CONTRACT BETWEEN THE ISSUING INSURER(E), AUTHORIZED REPRESENTATTVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

NO: the care holder in an ADIONAL INTURED, the polly lies) must have ADDITIOKAL INSURED provisiona or be endorsed повиски сетно 68 8835 еАст Kevin Hardy
1вg: (809) 092-7776 7901 12E, м. (809) 887-8477
A M786-741 m: [email protected]
mA:Ph/ladelphle.Indemnity.insurenceCompany 18090
Ersoutive Event Services, LIC
Attr Jake Mahen, Preekient MARIA C:
22800 Bavl Ranch Perkwy Sta A MABI RI
Yorbe Linda, CA 82187
ARD P:

COVERAGES CERTIRCATE NUMBER: REMSON HUMBER:

INDICATED. THIB IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE DEDI ISSUED TO THE INSURED MAMED ABOVE FOR THE POLICY PERIOE IOTWITHSTAMDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEHT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISGUED OR MAY PERTAN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED MEREN IS SUBJECT TO ALL THE TERMS EXCLUSIONE ANO CONDITONS OF SUCH POLICIES. LIMIT& SHOW WAY HAVE BEEN REDUCED BY PAN CAN TYPI OP NEURANCE POLKY MINERA Lamma
X COMMERCIAL GENERAL LIABILITY 1,000,000

TACH OCCURRENCE

CUMMIE I XI OCCUR
PHPK1709K31 08/15/2017 08/18/2018 1,000,060
Errors and Omi 35,000
PERRORA A APU BUT 1,000,600
SEUL AGGREGALE LANI APPLES PEA GENERAL MAGREGATE 2,600,660 X POLICY' 10C
2,000,000

A ALITOMONLE LIABILITY
1,660,666
ANT AUTO PHPK1709638 09/18/2017 08/16/2018
A
OCCUR 4,000,000

EACH OCCURAFICE
EXCEES LAB CLAMS-MACE PHUB90080 08/18/2017 09/16/2010
AG OREGATE 8,000,000
DED X RETENIONS 10,000

HIA EL BACHACCOENT

EL DREAM JA PAROLEE
UMBRELLA EXCESS LABILITY LISTS DICHLASED EFF: 9-10-2018

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE OR SCRIBED POLICIES BE CANCELLED BEFOR Prool of Inaurance Onty DATE THEREO, NOTICE WILL BE DENTED I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS HO RIGHTS UPON THE CERTICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE ISSUING INSURER(B), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IMPORTANT: If the certificate holder is an ADDIONAL INSURED, the policy(les) must be endorsed. i BUBROGRATION IS WAIVED, subject to the tarms and condillone of the policy, certain polices may require an endorsement. A statement on this certiiicate does not conder rights to the cartificata holder in leu of such endorsementle).

PRODUCER Wits Towers Watson CONTACT NAME: Ontario
12980 Metcall Ava Sulte 500
Overland Park KS 68213 PHONE (AC, No Exti: (900) 284-7540 FAX (AC, NO): (380) 628-0800 EMAIL ADORESS: Jamy [email protected]
INSURER(E) AFFORDSO COVERAGE NAIC •
INSURER A: ACE American Insurance Company 22887
INBURED INSURER B:

Barrett Business Services, Inc. L/CF INSURER C.

EXECUTIVE EVENT SERVICES, ULC INSURER D:
22300 BAVI RANCH PARKWAY STE A INSURER E
YORBA LINDA, CA 92887 INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION MUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BILLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD #DICATED HOTWITHETAMDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RELEPECT TO WHICH THIS CERTIFICATE MAY BE SUCH POLICIES. LIMITE EHOVIN MAY HAVE BEEN REDUCED BY PAD CLAIMS SSUES OR LAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUELECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF

TVAI OF MISURANCE POLICY EN POLICY EXP
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RETENTIONS

NONOREA COMPENRATION AND EMPLOTERE RWC
LABILITY 1201/17 1801/2018 OTH
CB4408966 TORY LIMITS

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HIA IL EACH ACCIDENT
Corered states EL. DISAST -EA DAPLOYER
CA T2000,600

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SCRUTION OF MIRATIONS / LOCATIONS / VEHICLE Alas AGORED 101, Alsonal tomerts Borecade, I (acre SpecE B ROse.

CERTIICATE HOLDER [CANCELLATION
Prool of WC Insurance

AUTHORIZED REPRESENTATIVE
Authorized
Rep Bui Aster
5) 1888-2010 ACORD CORPORATION. Al righra reserved.

ACORD 25 (2010/38) The ACORD name and logo are regatured marts of ACORD. 13 G. FES CA State PPO License
Buraau of Security and Investigative Services
aca P.O. Box B38002
West Sacramento, CA 85798-9002

CRUMMENT OF CONS
(816) 322-4000

PRIVATE PERATOR
License No. PPO18122 Valid Unti: 06/30/2020
Receipt No. 3328

EXECUTIVE EVENT SERVICES
22600 SAVI RANCH PKWY STE 230 in accordancin the provicion of Diaph a Chaphet 17,501 to Beatasa
YORBA LINDA, CA 82887 and Profed one coda, the compars
namesha on Aced a Privele Patro
Operaton coho Ramosal.
•*•• NON-TRANSFERABLE -•--- POST IN PUBLIC VIEW --
WPPPO 1022015

City Council - Successor Agency - Housing AuthorityFebruary 20, 2024

City Council - Successor Agency - Housing Authority
February 20, 2024