Hemet City Council
June 13, 2023

15.D

Pr
oposal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 give peace of mind to the client knowing that the guard is on site and patrolling. Reporting an incident through TrackTik is very easy. The report will allow the guard to post any pictures of the incident, to write a detailed report of the incident and to follow-up on every post incident procedure as well. We have a dedicated department that oversees the TrackTik report to ensure every guard is doing an hourly activity report or a patrol. If a guard misses a scheduled patrol, a notification will be sent to our 24 hour dispatch center and they will contact the guard to remind them to do their patrol. Overall, TrackTik is a great tool that we use to monitor and supervise the guards.

Example of Reports
 In the reports page, Users will be able to see hourly activity reports.  User can see the Report type, date, who reported it, and the account name.  User can click on the box with “With Incident Flags Only” to only see Incident reports.

Documents
 In the Documents page, AIS can upload your guard’s certificates and training to ensure compliance.

Live Time GPS Tracking
 The GPS Tracks uses the GPS location of the phone to determine the position of the guard.  The Green bars on the bottom signal movement and GPS activity. 57

15.D

Pr
oposal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882  The Red Dots symbolize the area where the security officer scans a checkpoint, creates a report, transmit Geofence movement and updates TrackTik Activity.  To see the timeline of the GPS, drag the timeline to User preferred time or use the drop-down menu for more precise times and dates.
 In the white box on the map, User can see details such as the phone number, the guard’s name, the time and date, and the accuracy of the GPS location.  The picture of the guard on the map indicates the location of the guard at that time.

Checkpoint Scan Logs
 Users can see in live time which points the guard has scanned.  This list will help visualize the route the guard is patrolling.  Quick summary of scans without needing to open the full report. 58

15.D

Pr
oposal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882

ATTACHMENT

1. P
PO License and Verification

2. Insurance Policy and Certificate

3. Sample Forms
59

15.D

15.D

-1iii6iiiL_
BSIS
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY • GAVIN NEWSOM, GOVERNOR

DEPARTMENT OF CONSUMER AFFAIRS

BURBAU OF SECURITY&
INVESTIGATNR!Sf.iRVSCEB
�

BUREAU OF SECURITY AND INVESTIGATIVE SERVICES
PO Box 980550, West Sacramento, CA 95798
P (916) 322-4000 I P {800) 952-5210 I F (916) 575-7290 I www.bsis.ca.gov

VERIFICATION OF LICENSURE
This is to certify that I, Keli Rutherdale, am the Custodian of Records at the Bureau of Security and Investigative Services (Bureau), Department of Consumer Affairs. In this position, I am tasked with searching the records of the Bureau and providing this Certification. A diligent search was made under my direction and any failure to find a record should be regarded with respect to Evidence Code section 1284.

Absolute International Security, Inc.
5155 Irwindale Avenue
Baldwin Park, CA 91706-2167
Previous Names:

Absolute Security International, Inc.

Personnel:

Lucy Jie Lin
Lucy Jie Lin
Lucy Jie Lin
Disciplinary History
Title:

CEO/Principal
Treasurer
Qualified Manager
License Number:

License Type:

Issued:

Expiration:

Status:

Association:
11/19/2018
01/26/2009
01/26/2009
16302
Private Patrol Operator
01/26/2009
01/31/2025
Current
Disassociation:

NIA
NIA
N/A
On August 30, 2010, Private Patrol Operator (PPO) license number 16302 was issued a citation for failing to submit a Report of Incident within the required seven (7) days pursuant to Business and Professions Code (BPC) Sections 7583.2 (g). The citation has been satisfactorily resolved.

I declare under penalty of perjury, under the laws of the State of California, that the above statements are true and correct to the best of my knowledge and belief. Given under my hand and the seal of the Department of Consumer Affairs, Bureau of Security and Investigative Services, at Sacramento, California, this 12th day of January 2023.

Lynne Jensen, Chief
Keli Rutherdale
Custodian of Records
Section 162 of the Business and Professions Code: The certificate of the officer in charge of the records of any board in the department that any person was or was not on a specified date, or during a specified period of time, licensed, certified or registered under the provisions of law administered by the Board, or that the license, certificate or registration of any person was revoked or under suspension, shall be admitted in any court as prima facie evidence of the facts therein recited.

15.D

Pro
posal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Insurance Policy
AIS maintains a comprehensive, specific insurance program for its various public and private security contracts. This coverage includes Commercial General Liability, Commercial Auto, Workers Compensation, Employer Liability and Terrorism Protection Plan.

Commercial General Liability:
 $1,000,000 for bodily injury and property damage on an “occurrence” basis  $3,000,000 for general aggregate
 Includes Completed Operations, Professional Liability (i.e., errors & omissions), theft extension, and lost key coverage
 Personal and advertising injury of any one person or organization  Includes consequential bodily injury arising out of false arrest, malicious prosecution, slander and libel, and violation of right of privacy
 Product/Completed Agg
 Fire Damage
 Medical Expense
Umbrella Liability:
 Each accident limit: $5,000,000 and up
 Aggregate: $5,000,000 and up
 Disease Policy Limit: $1,000,000 and up
 Disease Each Employee: $1,000,000 and up
Terrorism
 Foreign Terrorism Protection Plan
 Workers Compensation
 General Liability/Errors & Omissions
Crime
 Employee Dishonesty
Workers’ Compensation and Employer’s Liability:
 Each Accident Limit: $1,000,000
 Disease Policy Limit: $1,000,00
 Each Occurrence: $1,000,000

15.D

Pro
posal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 End
orsements
 Error and Omissions
 Assault and Battery
 Lost Keys
Commercial Auto Liability:
 Liability: $1,000,000
o Comprehensive
o Collision
 Hired Auto: $1,000,000
o Comprehensive
o Collision
 Non-Owned Auto: $1,000,000
Excess Insurance:

For clients that require an extra level of insurance due to high risk, we can procure a per project “excess” policy that is in addition to the coverage of an underlying policy category (i.e., general liability, auto, crime). AIS will also provide updates on our insurance coverage throughout the term of the Contract to ensure that there is no break in coverage during the period of the Contract.

We will provide a thirty (30) day written notice prior to the cancellation or changes of any insurance policy.

Please refer to our certificate of insurance uploaded under Proof of Insurance.

15.D

01/26/2023
James G. Parker Insurance
License #0554959
P O Box 3947
Fresno CA 93650
Sharon Jones
(559) 222-7722 (559) 222-1724
[email protected]
Absolute Security International
5155 Irwindale Ave
Irwindale CA 91706
Allied World Surplus Lines Ins Co 24319.

Everest National Insurance Co 10120
Redwood Fire & Casualty Ins Co 11673
Lloyds of London
23-24GLWCBAUMB22-
23EPLI
A
Professional Liability Included
5200421800 01/27/2023 01/27/2024
1,000,000
100,000
10,000
1,000,000
3,000,000
3,000,000
B 51CAD00395221 05/31/2022 05/31/2023
1,000,000
A
10,000
5201187600 01/27/2023 01/27/2024
5,000,000
5,000,000
C Y ABWC449796 01/27/2023 01/27/2024
1,000,000
1,000,000
1,000,000
D
Employment Practices Liability/Including
Third Party/Sexual Misonduct SML000000348091B 04/01/2022 04/01/2023 Aggregate $1,000,000
For Information Purposes Only c/o Absolute Security International Inc 5155 Irwindale Ave
Irwindale CA 91706

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

15.D

State Lic.: PPO 16302
4255 Tyler Ave (626) 858-7188
El Monte, CA 91731 Fax: (626) 858-2882
www.absolutesecurityintl.com Toll Free (866) 969-7188
Please send DAR's to: [email protected]
Date: Page of
Officer Name Officer's ID # Shift Day of the Week
Jobsite Name Jobsite Address
Relieved By Radio Passed Keys Passed
Yes No
Additional Equipment Received From 1. New Instruction Received

2. Classified Information Violation

3. Suspicious Actitvies
Date/Time 4. Tresspassers, Intrusion, Alarms

5. Windows Doors, Offices Unlocked

6. Theft, Attempted Thefts

7. Maintenance Required (Lights out)

8. Broken Devices (Gates, Locks)

9. Parimeter Hazards

10. Lot Violations

11. Fire Hazards

12. Fire Door, Lanes, Exits Blocked

13. Fires Fire Alarms

14. Outside Security Hazards

15. Smoking Violations

16. Fire Extinguisher Check

17. Sprinkler Heads, Risers Blocked

18. Unusal Odors

19. General Safety Hazards

20. Smoking Violations

21. Manchinary Left Running

22. Hazardous Stacking

23. Electical Hazards

24. Electical Box Violation

25. Unsafe Vehicle Operation

26. Unsafe Practices

27. Health Hazards

28. NO SECURITY

29. INCIDENT REPORT TAKEN
Reviewed By ID # 30. SUPERVISOR NOTIFIED
Any 'YES' Answers shall be described in
This report is created by AIS for our client’s only. It is not intended for anyone other than the specific client. The contents of this reports are the observations at the particular Remarks narrative of this report jobsites. Since the report may expose some security issues, the specific client who receives this report should not disclose the contents of this report to any other party due to the sensitive nature of the report. AIS does not assume any liability if any of this report is disclosed to any third party for any reason without a written permission from AIS.

YOUR OBSERVATIONS CHECK LIST
Narrative/ Observations
Daily Activity Report

15.D

Phone: (626) 858-7188
Fax: (626) 858-2882
www.absolutesecurityintl.com
This report is created by AIS for our client’s reference only. It is not intended for anyone other than the specific client. The contents of this report are the observations at the jobsites. Since the report may expose some security issues, the specific clients who receives this report should not disclose the contents of this report to any other party due to the sensitive nature of the report. AIS does not assume any liability if any part of this report is disclosed to any third pa rty for any reason without a written permission from AIS. 09-OP-106-00003
Incident Report
Incident Type
Clients Name Jobsite
Clients Address Jobsite Address
Date, Time, Day of Occurrence
Location of Occurrence
CODE: V - VICTIM W - WITNESS I - INFORMANT R - REPORTING PARTY P - PARTY Code # of L. NAME F. NAME M. NAME SEX ETHNICITY DOB AGE RES. ADDR. CITY ZIP VICTIM CLASSIFICATIONS # RES. PHONE BUS. ADDR. CITY ZIP English Speaking? BUS. PHONE Code # of L. NAME F. NAME M. NAME SEX ETHNICITY DOB AGE RES. ADDR. CITY ZIP VICTIM CLASSIFICATIONS # RES. PHONE BUS. ADDR. CITY ZIP English Speaking? BUS. PHONE CODE: S - SUSPECT SJ - SUBJECT S/V - SUBJECT/ VICTIM SJ/V - SUBJECT/ VICTIM Code # of L. NAME F. NAME M. NAME DRIVER’S LICENSE (STATE & NO.) RES. ADDR. CITY ZIP RES. PHONE
BUS. ADDR. CITY ZIP BUS. PHONE

SEX RACE ETHNIC ORIGIN HAIR EYES HEIGHT WEIGHT DOB AGE
CHARGE WHERE DETAINED OR CITE #
AKA MONIKER BOOKING #
Code # of L. NAME F. NAME M. NAME DRIVER’S LICENSE (STATE & NO.) RES. ADDR. CITY ZIP RES. PHONE
BUS. ADDR. CITY ZIP BUS. PHONE

SEX RACE ETHNIC ORIGIN HAIR EYES HEIGHT WEIGHT DOB AGE
CHARGE WHERE DETAINED OR CITE #
AKA MONIKER BOOKING #
VEHICLE #__________
STATUS____________
LICENSE (STATE & NO.) YEAR MAKE MODEL BODY TYPE COLOR

REGISTERED OWNER IDENTIFYING FEATURES GARAGE NAME/ PHONE OFFICER EMPLOYEE # SUPERVISOR EMPLOYEE # SHIFT OPERATIONS EMPLOYEE # DATE TIME

15.D

Total Mileage:

Date of Visit: Start Time: End Time:

Date of Visit: Start Time: End Time:

Date of Visit: Start Time: End Time:

Officer Assigned: Officer Name Printed: Officer Signature Officer Daily Report Reviewed? o Yes o No
Jobsite Name: Jobsite Address:

Notes and Observations:

Officer Assigned: Officer Name Printed: Officer Signature Officer Daily Report Reviewed? o Yes o No
Jobsite Name: Jobsite Address:

Notes and Observations:

Officer Assigned: Officer Daily Report Reviewed?
o Yes o No
Officer Name Printed: Officer Signature
Jobsite Name: Jobsite Address:

Notes and Observations:

Start Time:

Supervisors Daily Report
Vehicle Number: Starting Mileage: Ending Mileage: Vehicle Inspection Report Completed? o Yes o No
Supervisor Name: Supervisor ID#: Date: Day of Week:
4255 Tyler Avenue, El Monte, California 91731
Telephone (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188 www.absolutesecurityintl.com

15.D

4255 Tyler Avenue, El Monte, California 91731
Telephone (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188 www.absolutesecurityintl.com

DISCIPLINARY ACTION NOTICE
DATE: _______________________________________
NAME OF EMPLOYEE: ________________________________________________________ ______________ DEPARTMENT: _______________________________ TITLE: ______________________________________

TYPE OF VIOLATION(S)
Abandoned Post Failure to Follow Instruction Violation of Company Policies/Procedures Absent / No Call No Show Insubordination Violation of Dress Code (Uniform) Attendance Issue Lateness or Early Quit Violation of Safety Rules Carelessness Rudeness to Other Person Willful Damage to Materials or Equipment Disorderly Conduct Unsatisfactory Work Quality Working on Personal Matters Other:

NUMBER OF VIOLATION(S)
Oral Written Issued Date Issued By Title
1st Warning
2nd Warning
Further Action
Dept. Head/Manager/Supervisor Statement
Employee Statement
Action to be taken __ Warning __ Probation __ Suspension __ Termination __ Other Consequences should incident occur again:

As stated in the Unlawful Harassment Policy, " The Company is committed to pro viding a work environment that is free of discrimination. In keeping with this policy, the Company strictly prohibits discrimination or harassment of any kind, including discrimination or harassment on the basis of race, color, veteran status, religion, gender, sex, sexual orientation, age, mental or physical disability, medical condition, national origin, marital status, or any other characteristics protected under Federal or State law or local ordinance. This anti-harassment policy applies to all persons involved in the operation of the company and prohibits unlawful harassment by any employee of company, including supervisors and co-workers.”
I, the undersigned employee, have read this Disciplinary Action Notice and fully understood it.

EMPLOYEE: __________________________________________________________________ _______________ Signature Print Name Date President Vice President Department Head HR office Recording

15.D

QUALITY ASSURANCE INSPECTION REPORT
Contractor Supervisor: ____________________________________________________ Inspection Day/ Date: _____________________________________________________ Employee Information
Employee Name: _________________________________________________________ Job Title: ____________________ Assignment _________________ Inspection Items
Item Yes No Comments
Flashlight
Communications
Sam Browne
Current Guard Card
#:________ Exp. Date:________
Proper Uniform
Safety Vest
Pepper Spray #
CPR #
First Aid #
Baton #
Current Driver’s License
#:________ Exp. Date:________

15.D

Name: _____________________________________ID#________________Pay Period:_________________ to ______________ Date Time In Time Out Time In Time Out Hours Approval
Total Hours:________________ Date:_______________________ Signature:______________________________________ Final Approval:___________________ Job Site/Location
California law mandates that you must take a 30 minute meal break, when you work more than 5 hours a day. You MUST begin your meal break BEFORE you start working more than 5 hours. For example, if you begin work at 6:00am, your meal break must begin no later than 11:00am (5 hours after you begin work).

I certify under the penalty of perjury that the above hours accurately represent my working and meal break hours. I further certify that to the extent I worked less than 6-hours on a given day and waived my right to a meal break OR worked less than 12-hours in a day and waived my right to a second meal break, I did so VOLUNTARILY of my own free accord and without any coercion from my employer. I also certify that I have taken ALL of my 10-minute rest breaks to which I am entitled under California law, as fully explained to me by my employer.

California law also mandates that you take a 10-minute, duty free, rest break for every four (4) hours worked or major fraction thereof. The law requires that you take a 10-minute rest break in the middle of each 4-hour work period (e.g., at the 2-hour mark).

These are paid breaks, and can NOT be voluntarily waived. 4255 Tyler Ave • El Monte, California 91731
Toll Free (866) 969-7188 • Telephone (626) 858-7188 • Facsimile (626) 858-2882 www.absolutesecurityintl.com
Please send time cards to: [email protected]

15.D

4255 Tyler Avenue, El Monte, California 91731
Telephone (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188 www.absolutesecurityintl.com

ABSOLUTE INTERNATINAL SECURITY

GUARD SIGN-IN / SIGN-OUT SHEET
POST: _______________________________ LOCATION: _______________________________

DATE NAME(PRINT) SIGNATURE TIME-IN TIME-OUT APPROVED

INITIAL

15.D

15.D

EMERGENCY ACTION PLAN
Are you required to have an emergancy plan?
Does the emergency action plan comply with the requirements of T8 CCR 3220 (a)?
Have emergency escape procedures and routes been developed and communicated with all employers?
Do employees, who remain to operate critical plant operations before they evacuate, know the proper procedures?
Is the employee alarm system that provides a warning for emergency action recognizable and perceptible above ambient conditions? Are alarm systems properly maintained and tested regularly? Is the emergency action plan reviewed and revised periodically? Do the employees know their responsibilities:

For reporting emergencies?
During an emergency?
For conducting rescue and medical duties?
09-OP-106-008
Name Date
Satisfactory
Needs
Attention
Target Date
for Correction
Date CorrectedHAZARD

15.D

ACCOUNT NAME:

Speacial Security checks information for patrol offices:

TIMES OF PATROL CHECKS:

OFFICERS OBSERVATIONS AND NOTATIONS:

OFFICER'S SIGANATURE:

FIRE WATCH
4255 Tyler Avenue, El Monte, California 91731
www.absolutesecurityintl.com
Telephone (626) 858-7188 Facsimile (626) 858-2882 Toll Free (866) 969-7188

D A T E
TIME START :

TIME END:

15.D

1. Person Receiving call:

2. Time Date: Date:

3. Statement received:

4. Caller’s Identity
Sex: Accent:

Voice Loud High Pitch Pleasant
(check X) Soft Deep Slow
Stutter Slurred Deliberate
Nasal Lisp Raspy
Incoherent Angry Calm
Coherent Emotion Laughing
Disorted Intoxicated Distinct
Fast Rational Irrational
Language Excellent Fair Foul
(check X)
Good Poor

5. Background Noises
Factory Machine Bedlam
Office Machines Mixed
Steet Traffic Trains
Quite Voices
Airplanes Music
Party Sounds Animals

6. Any other information
Age Approximation:

Bomb Threat Receive Form

15.D

Date: Time: Vehicle Number: Make and Model: Employee Name:

Ending Mileage: Total Miles: Employee Signature:

Are the windows/windshield cracked?
Are the headlights/tail lights in working order?
Do the automatic window rollers/sideview mirrors work?
Does the heating/air conditioning and windshield defogging system work? Do the interior lights work?
Is the maintenance light on?
Are the tires in good shape (no damage and all appear to be properly inflated?) Any unusual oil/grease leaks (under or around the vehicle)? Is the vehicle clean inside and out?
Comments:
*Please note any scratches/marks on the diagram.

AIS employees are required to complete a copy of this form prior to the operation of any AIS owned and operated vehicle. Completion of this form prior to operation is critical in the identification and aviodance of potential vehicular malfunctions/defects that may create potential health and safety issues. Employees MUST clean up after use of company vehicles. This form must be submitted to the office at the end of the shift.

Daily Vehicle Inspection Checklist
Please indicate "Yes" or "No" besides each line item as apporpriate.

Starting Mileage:
16-OP-106-0023

15.D

REQUEST FOR PROPOSALS

FOR CITY OF HEMET

CITY SECURING SERVICES

COST PROPOSAL (ELECTRONIC COPY)

To:

City of Hemet
ATTN: Ms. Candace Sunds
Purchasing Division, City of Hemet
445 East Florida Avenue
Hemet, CA 92543

From:

Absolute Security Intl Corp dba Absolute International Security 5155 Irwindale Avenue, Irwindale, CA 91706
Tel: (626) 858-7188
Lucy Lin, President/QM
[email protected]

RFP Due: March 21st, 2023, 3:00 P.M.

15.D

SCHEDULE OF RATES
Park Locations:

POSITION/ TITLE INSPECTION COST PER WEEKLY MONTHLY YEARLY Patrol Inspection Services MON TUE WED THU FRI SAT SUN PER WEEK INSPECTION COST COST COST Mon-Sun: 2 patrols per day at 5 Parks
2x5 2x5 2x5 2x5 2x5 2x5 2x5 70 13.80$ 966.00$ 4,186.00$ 50,232.00$ Total Estimated Annual Cost $50,232.00
Three (3) Years Total Cost$150,696.00
Corporate Yard:

POSITION/ TITLE INSPECTION COST PER WEEKLY MONTHLY YEARLY Patrol Inspection Services MON TUE WED THU FRI SAT SUN PER WEEK INSPECTION COST COST COST Mon-Thur: 2 patrols per day, Friday - Sunday: 3 patrols at Corporate Yard 2 2 2 2 3 3 3 17 13.80$ 234.60$ 1,016.60$ 12,199.20$ Total Estimated Annual Cost $12,199.20
Three (3) Years Total Cost$36,597.60
Library:

POSITION/ TITLE INSPECTION COST PER WEEKLY MONTHLY YEARLY Patrol Inspection Services MON TUE WED THU FRI SAT SUN PER WEEK INSPECTION COST COST COST Mon-Sun: 3 patrols per day at Public Library
3 3 3 3 3 3 3 21 13.80$ 289.80$ 1,255.80$ 15,069.60$ Total Estimated Annual Cost $15,069.60

POSITION/ TITLE HOUR COST PER WEEKLY MONTHLY YEARLY
Unarmed Security Services MON TUE WED THU FRI SAT SUN PER WEEK HOUR COST COST COST Public Library: Stationary Unarmed Security Services
8 8 8 8 8 40 31.71$ 1,268.40$ 5,496.40$ 65,956.80$ Total Estimated Annual Cost $65,956.80
Three (3) Years Total Cost$243,079.20
Three (3) Years Grand Total Cost$430,372.80
Notes:
1 The estimated price sheet does not include 6 annual holidays. Holiday Rates: $20.71 per hit, and $47.56 per hour 2 AIS applies 6 annual holiday rates: New Year Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3 AIS will provide an inspection vehicle marked with the word "private" and our company's name and phone number. 4 All rates are acknowledge to be fully burdened to include all direct cost, indirect cost, overhead, profit, and shall remain fixed.

INSPECTIONS PER DAY
SECTION III – FEE SCHEDULE
1st Hit: 7:00pm-10:00pm
2nd Hit: 2:00am-5:00am
Monday - Sun:
1st Hit: 7:00pm-10:00pm
2nd & 3rd Hit: 2:00am-5:00am

INSPECTIONS PER DAY
Wed - Sun: 09:00 AM –6:00 PM
(1 hr off-duty break)

INSPECTIONS PER DAY
Monday - Sun:
1st Hit: 7:00pm-10:00pm
2nd Hit: 2:00am-5:00am
Friday - Sunday: 6:00 am-6:00 pm

INSPECTIONS PER DAY
Proposal for City of Hemet City Securing Services RFP
5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882Page 110 of 207

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PROPOSALFORCITYSECURINGSERVICES

FORTHECITYOFHEMET
BY
AALIY AHK9SECURITYCORP
MARCH7,2023

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PROPOSALCOVERLETTER
AaliyahK9SecurityproposestoprovidefootandvehiclepatrolservicesonthefollowingHemefCityproperties; (1).BrubakerPark-3707MustangAvenue(2)MaryHenleyPark-801SouthKirbySt.(3)GibbelPark-2500WestFloridaAvenue(4)WestonPark-700EastFloridaAvenue(5)SimpsonPark-28505RawlingsRoad(6)CorporateYard-3777industrialAvenue (7)PublicLibrary-300EastLathamAvenue
AaliyahK9SecurityCorp.isaCaliforniaLicensedPrivatePatrolOperatorprovider(SeeAttachment1)attachedtothisproposal,AaliyahK9Securityhasbeeninbusinessfor9years,andprovidedsecurityservicestobusinessesthroughouttheinlandEmpire,AaliyahK9Securityislocatedat75NuevoFld.SuiteE218Perris,CA92571,760-716-8461.AaliyahK9SecurityISownedandsupervisedbyqualifiedmanagerChristianAlvarez.AaliyahK9SecurityislicensedtoprovidesecurityservicesinthecityofHemetCA(seeattachment2)attachedtothisproposal,AaliyahK9Securitycurrentlyhasaworkforceofapproximately35securityofficerswhohavecurrentStateofCaliforniaGuardCards,andarelicensedtocarrypeppersprayandbatons.Allourof?cershavebeentrainedinlawsofarrest,policepatrolprocedures.andtheproperuseofpeppersprayandbatons.AaliyahK9SecurityproposestoprovidefootandvehiclepatroloftheabovementionedbusinessentitieswithinthecityofHemet.AaliyahK9Securityutilizespatrolvehiclesequippedwithfullymarkedandauthorizedsecurityemblems,trafficlights,loudspeakersandradioswithwhichtheof?cerscancontactlocalauthorities.Theof?cerswillbesupervisedbyanonsitesupervisorwhowillhavedirectcontactwithHemetCityofficials.Thesupervisorwillmonitorandmaintaincorrectlogs,timesheets,andincidentreportswhichwillbeprovidedtothepropercityofficials.

AaliyahK9Securitywillberesponsibleforremovingunauthorizedpersons,unauthorizedvehiclesandprovidesecuritytodiscouragevandalismoftheabovementionedlocationsK9securityhasanoutstandingrelationshipwiththelocallawenforcementofficials,andworkscloselywithtowtruckcompaniesshouldvehicleshavetoberemoved.AaliyahK9SecurityiseagertoenterintoacontractwiththecityofHemet.andagreestothetermsandconditionsprescribedbythecityofHemetProfessionalServicesAgreement.RespectfullySubmitted,ChristianAlvarez

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SECTIONI-EXPERIENCE
1)ProposerName:ProposersAddress:

ProposersTelephoneno.:ProposersEmailaddress:
2)YearsofExperience:
3)ProposersFieterences:

PROPOSALCONTENT
AaliyahK9Security75W.NuevoRdSuiteE#[email protected] AaliyahK9SecurityhasbeenprovidingsecurityservicestonumerousbusinessentitiesthroughouttheinlandEmpirefora9yearperiod.AaliyahK9Securityhasprovidedsecuritytonumerousstripmalls,apartmentcomplexes,parks,andconstructionssites.NacoelPenhall(951)870-6110,DWProperties,locatedinthecityofRiverside.Providingservicesfrom2014topresent.ServicesProvided:footandvehiclepatroltoremoveloiterersandsuspiciouspersonsfromproperty.Lookuprestrooms,laundryrooms,poolareaandgym.Reportandremoveunauthorizedvehicles,andreportanyvandalismtotheproperty.

MargareteM.(760)458-4573VintageGroup,LocatedinthecityofHemetProvidingServicesfrom2009topresent.ServicesProvided:FootandVehiclepatrolofgatedcommunityofprivateresidences.Toprotectpropertiesfromintrusionbyunauthorizedpersonsonthepremises,reportloiters.andremovesuspiciouspersonsfromtheproperty.Lookuppoolandrestroomareas,reportandremoveallunauthorizedvehiclesleftunattendedonthepremisesandprovidedailyincidentreporttothemanagement.

Diamond(951)652-4090FtandBDevelopmentLocatedinthecityofHemetProvidingServicesfrom2021topresent.ServicesProvidedtobusinesswithinthestripmall.Ourmainobjectiveistoprovidesecuritytothenumerousbusinessesduringdaylighthoursandalsoprotectthebusinessesafterclosing.Officersarerequiredtowalkandcheckthatallbusinessesareproperlylockedandsecured.Officerswillphotographandreport

15.D

allunauthorizedvehiclesleftonthepremise,attempttolocateownersandrequesttheremovalofthevehiclestoavoidtowing.Reportallmaintenancerelatedissues,vandalism,graffitiandburnedoutlights,viadailyactivityreport.

SECTIONII-PERSONNELAaliyahK9Securityproposestoprovideacombinationof10guardstoprovidedvehicleandfootpatrolasrequired.TheonsitesupervisorwillbeLieutenantCristobalLukue(951)388-0689,AaliyahK9Securitywillsecureandinspecteachpark2timesaday7nightsaweekincludingholidays,patrolinspectionswillbelimitedto10minuteswhichwillstartattheparksclosingtime,secondinspectionwillbe6hourslater,avehicleloudspeakerwillbeusedtobroadcastclosingtime.Allremainingvehicleafterclosingtimewillbephotographedandattempttolocateownerswillbemadewhowillbeinstructedtoremovethevehiclefromthepark.Securityofficerwilllockallparkfacilitiesandrestroomsatclosingtime.Officerswillbeavailabletoreturntoparkfacilitiestoletoutanyvehiclesthatwereleftthereafterclosingtime.AaliyahK9SecuritywouldprovidedvehicleandfootpatrolMondaythroughThursdaybetween9:30pmto5:30amatthecorporateyard.MobileandfootpatrolwillbeprovideFridaythroughSunday,between9:30pmto5:30amandalsoonemobileandfootpatrolbetween6amand6pm.AaliyahK9Securitywillprovidevehicleandfootpatrolduringworkinghoursatthelibrary.Officerswillperforminternalandexternalpatrolofthefirstfloorofthelibrary.Officerswillsecureandinspectthelibrary3timespernight7daysaweekincludingholidays.Eachinspectionshouldbenolessthat15minutes.Officerswillattempttolocateownersofthevehiclesleftattheparkinglotafterclosinghours.Theywillphotographandrecordmakeandmodelandlicenseplatenumberofthevehiclesontheirdailyreports.Theofficerswillalsoreportmaintenancerelatedproblems,suchasburnedoutlights,vandalism,andgraffititothecitysupervisorviaemail.K9Securitywillprovideanelectronicdailyreporttothecitymanagerby6:00amdocumentingthepreviousnightinspections AaliyahK9SecurityofficersareroutinelypolygraphedbyanAPAcertifiedpolygraphexaminer.AaliyahK9SecuritypatrolofficersreceivetrainingfromtheStrategicSecurityTrainingAcademytokeepthemabreastofchanginglawsandprocedures.QualifiedmanagerChristianAlvarezhasdoneV olunteerworkwiththeRiversideSheriffsDepartment,heislicensedintheuseofbaton,firearms,andpepperspray.AaliyahK9Securityofficerswearauthorizedsecurityuniforms,withpatchesdisplayingthecompanylogo,theywearauthorizedsecuritybadgesandcarrybatonsforprotection.AaliyahK9securityvehiclesareequippedwithsecuritylightbars,radios,loudspeakers,andemergencysirens.ThevehiclesaremarkedprivatesecurityanddisplaythecompanyPPOnumber.

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SEC'|1ONIII— FEESCHEDULEAaliyahK9Securityproposestobecompensated$600.00persitepermonthforbothvehicleandfootpatrol.Thequotedpriceisnegotiable

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0 DATEIHIIIDDIYYVV)AEBRDCERTIFICATEOFLIABILITYINSURANCE33,2023THISCERTIFICATEIsISSUEDAsAMATTERorINFORMATIONoNLvANDCONFERSNoRIGHTSus-onTHECERTIFICATEHoLDER.THIscERTIEIcATEDOESNoTAFFIRMATNELYORNEGATIVELYAMEND.EXTENDORALTERTHEcovERAeEAFFORDEDBYTHEPOLICIESEELow.THISCERTIFICATEorINsuRANcEDoEsNoTcoNsTITuTEAcoNTRAcTBETWEENTHEIssumaINsuRER(s),AUTHORIZEDREPRESENTATIVEDRPRODUCER.ANDTHECERTIFICATEHOLDER.IMPORTANT:IIthecmmonuholderIsInADDITIONALINSURED.thnpoIIcy(Ios)musthnveADDITIONALINSUREDprovlslonsorbuIndafsod.llSUBROGATIONISW AIVED.subjecttotheloansandconditlonsofthypollcy,eortalnpulicllsmayruqulrcanondorsnmom.Asuumuntonthisoer?floabedoesnotconferrlgmstothocnnlflnuteholdnrInlieuofsuchI|’IdOl'S€l1III'N(SI.ERODUCEII CONTACTFadaieInsuranceServices gens:KashFadale FAX40335vwnchesxerRdSuiteE#104 Jeammm95‘-2604335 M-I49"TemeculaCA92591 [email protected]‘ ’““°‘ 1 INsIIRERA:NatlonalGeneraloneChalce-IntegonNallonalInsINSURED. AALIKQSOI: CAS - AaliyahK9SecuntyLLCEast “SHEERB
313KnightLn "'9'"?-"C?SantaAnaCA92704 INsuREND:INSUREREI NINSURERF:covERAeEs CERTIFICATENUMBER:1477530370 REVISIONNUMBER‘OVEFORTHEPOLICYPERIODTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHA VEBEENISSUEDTOTHEINSUREDNAMEDABINDICATED.NOTVHTHSTANDINGANYREQUIREMENT.TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRCERTIFICATEMAYBEISSUEDORMAYPERTAIN.THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTEXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOINNMAYHA VEBEENREDUCEDBYPAIDCLAIMSf?rTYPEorIusuuucs I‘,,,°,°n$"mm”’woucvNUMEERIP°"'"E" Wu"E"I '-"‘““3'XcoIlERcIALaENmAI_uAaLIT\'V MP00040o701949s0sI11/16/202211/18/2023EACHOCCURRENCE514090900I— 'Iwm:ET0‘RENTEIrS100000 ESPECTTOWHICHTHIS0ALLTHETERMS.

I cumsuADEXIoccun ljREM|$ES(EIocwvev-<==I
I IMED9u=(AnyoncP-1°")‘5-°°°
__I E
PERSONALSADVINJURY51,000,000
GENLAGGREGATEImITAwLIEsPER: I GENEIW“GG“E°“"’3'°°°'°°°xmm.",§°C,we I>RoDucTs.coup/oI=AGGI33,000,0003“"5" ‘ —' -:"mwr—1—‘—'—‘—"‘-A Iunouosuuauaum Iv 2017743770 272212023a/222023(CE,,a,,.,..°'°,""“‘“W ‘5°°-”°° Imymm ‘ IBODILYINJURY(Forpalm)5OWNEDxSCHEDULEDI BODILYINJURY(Petauudenl)SI— “K350;°"”’ RIDIIIO-4§HMED' I I PROPERTYDAMAGEI,AuTosou.v_'AuI'osoNLv "’°'E‘°“" 1100/300I un'mnauMaI5 __ BxIuuanEI.uIuAa‘xOCCURIv IAN1268181 9/14/20229/14/2023acuoccuRRENcEs1.000.000 I IExcssuaaI ‘cLA[Ms.MApE AGGREGATESI I I 5__~DED NTION5 PR °TH_VIDIIIIEREcourr-_NsATIou sum-rgERANDEunovazsuAaILm,,,,,ET EcW[VE‘"I‘ EI.EACHACCIDENTOFFIIIm__,_,,,m"H, > ELDISEASE-EAEMPLOYEEsI ,dusalblLnds I _DE?cRIs=1'IoNOFOVERATIONSum I_[___ ELD5355"°'-’°Y'-"II"I I I II _Ir _DescmrnouororzunousILocATIoIIsIvaacus(monoI01,Aamuou.-IRumn?rlsot-cut-.maybeRuchedIImmwhenI:I-gun‘) £ER“HCATEHOLDER CANCELLATION
SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF.NOTICEWILLBEDELIVEREDINAccoRDANcEWITHTHEPOLICYPROVISIONS.CiOIHem_etl‘:"‘;mIQ{'a‘°3gg4”éVeAumotlzg/’E’DI:EP:IEsENTATNE"I ,2.’I
‘Co (B1903-2015AcoRDCORPORATION.AIIngmsreserved."935(2019/03) TheACORDnameandlogoaremusteredmarksofACORD

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BUREAUOFSECURITYANDINVESTIGATIVESERVICESLICENSINGDETAILSFOR:17743NAME:AALIY AHK9SECURITYLICENSETYPE:PRIV ATEPATROLOPERATORPRIMARYSTATUS:CURRENTPREVIOUSNAMES:CHRISTIANADELAPENA0CODE4K9SECURITYADDRESSOFRECORD313KNIGHTLNSANTAANACA92704-1572ORANGECOUNTY LICENSERELATIONSHIPSOWNERUCENSEIREGISTRATIONROLE:BUSINESSLICENSEAODRESSNOTDISCLOSEDRELATEDPARYVROLE:PRINCIPALNAIIE:DELAFENAALV AREZ,CHRISTIANAVIEWMOREDETAILS PPOTOQUALIFIEDMANAGERLICENSEIREGISTRATIONROLE:PRIV ATEPATROLADDRE55IQpERATOR PERRISCA92571RIVERSIDECOUNTYRELATEDPARTVROLE:QUALIFIEDMANAGERNAME’DELAPENAALV AREZ.CHRISTIANAVIEWMOREDETAILS ISSUANCEDATEMARCH27,2014EXPIRATIONDATEMARCH31.2024CURRENTDATEITIMECH72023MAR5:1o:i3oPM

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I-IE‘/VIE?‘
PDLIEE WEamrnittedSince1910 EddieJ.PustChiefofPolice‘-1’- SecurityUniformandVehicleInspectionCon?rmation
OnMarch9,2023atabout1000hours,ImetwithmembersoftheAaliyahK9SecurityCompanytoinspectrepresentationsoftheiruniformsandtheirvehicles.Thecompany’sPPOholder— ChristianDelapenawasoneofthepeopleIspokewith.TheyshowedmetwodifferentversionsoftheiruniformandIdeterminedthattheybothcomplywithsection18-259HMC.Theyalsoshowedmeoneoftheirpatrolvehicles— ablackFordSUV ,andIdeterminedthatitcompliedwiththerequirementsoutlinedinl8—260HMC.lwasadvisedthattheyusetheSUV’saswellassomecrownVictoriavehiclesbutthattheyallhavethesamemarkings.OnMarch7,2023,IcheckedtheBSISwebsiteandcon?rmedthatthecompa.ny’SFPO#17743wascurrentandingoodstanding.Atthistime,IamauthorizingAaliyahK9SecuritytoreceivealicensefromtheCityofHcm€t- Respectfully,
Lt.E.DicksonInvestigationsBureau.

HemetPoliceDepartment-45!]E.LathamAvenue-Hemet.CA92543K (9511755-2400.hemet‘prI.r.tJm

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BusinessCustomerReference
To\/VhomItMayConcern
IamwritingthisletterofreferencefavoringAaliyahK9Securitywhohasbeenoneofourveryvaluedsecurityservicecompanies.Theyareaccreditedinthelineofpatrolservicesanditismypleasureinrecommendingthemasacompanytodobusinesswith.

Besidesdoingbusinesswiththecompanyformanyyearssince2014,IhaveknownChristianAlvarezwithAaliyahK9Security,notonlydotheygoabovethesecurityaspectbuttheyoffersomuchmore.lamquitecomfortableandcon?dentinvouchingforhimasagreatindividualaswellasaconcernedandactivecitizeninthiscommunity.Alvarezisveryinvolvedwithhiscompanyandrespondstoallissuesandconcernsthatarebroughttohim,AaliyahK9securityhasbeenthebestsecuritycompanyIhaveworkedwithastowhyIcontinuetoworkwiththemthroughouttheseyears.IabsolutelyrecommendK9SecuritytodobusinesswiththecityofHemet NacoelPenhall3/9/2023(951)870—6100
_’\/’| f
\

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WorkingwithChristianAlvarezandAaliyahK9Securityhasbeenapleasureforthepast2yearsinthecityofHemet.AaliyahK9Securitydoesanamazingjobastheygoaboveandbeyondtoful?llofourneedssuchas:removingALLunwantedpersonalfromourproperties.preventcriminalactivity,andincludeverydetailedreports(manyofwhichincludephotos).Furthermore,theyareveryquicktorespondforemergencycallsandalwayshaveguardsavailabletoassistus24/7.IhighlyrecommendAaliyahK9SecuritytoworkforthecityofHemetastheyknowityinsideandoutandhaveyearsofexperienceworkinginHemet AandBDevelopment9512137717

15.D

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION

AND

[***ASSERTIVE SECURITY SERVICES, INC.***]
[***INCORPORATED IN THE STATE OF CALIFORNIA***]

Form Approved 09/26/2022

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HEMET-PSA rev20220926
Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR SECURITY GUARD SERVICES

BETWEEN THE CITY OF HEMET AND ASSERTIVE SECURITY SERVICES & CONSULTING GROUP, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21 day of March, 20 23 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Assertive Security Services and Consulting Group, Inc (Assertive), A California S-Corp (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by Request for Proposals the performance of the Security Guard Services for the City of Hemit Parks/Yards and Public Library defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to Chapter 2, Article V of the Hemet Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.

(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms

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HEMET-PSA rev20220926
Page | 2

and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appr opriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may ch oose not to enforce Section 21, “ Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. I f and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Con sultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed “See Fee Schedule” unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting for th the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to

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Consultant under this Agreement exceed the City Manager’s authority under Hemet Municipal Code Section 2-332 without approval by the City Council.

(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submi tted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the te rms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Co nsultant for correction and resubmission.

(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.

(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City s hall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fr aud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”

SECTION 6. OWNERSHIP OF DOCUMENTS.

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All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, m odels, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs , studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to f ully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound reco rdings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by

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Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at an y time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where City has reason to believe that any of the documents or records requir ed to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such document s and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority 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 under this Agreement or is otherwise expressly conferred in writing by City.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s off icers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, empl oyees or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

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Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a th orough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a m inimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consulta nt has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which req uire the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, empl oyees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, inst allation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work

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performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in perfor mance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the City Manager or unless requested by the Cit y Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be con sidered "voluntary" provided Consultant gives City notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, i njury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to , directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for,

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with or on behalf of Consultant in the perfor mance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this sec tion. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the s uccessors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City , which may be given in the sole a nd absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subcon sultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

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SECTION 20. TERMINATION OF AGREEMENT.

(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreeme nt for cause at any time upon thirty (30) days written notice of termination to City.

(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may termin ate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under th is Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be de emed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy , acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepai d and return receipt requested, addressed as follows:

To City:

To Consultant:

City of Hemet
Attn: City Manager
445 E Florida Avenue
Hemet, CA 92543
Assertive Security Services & Consulting Group
Attn: Moe Noorzai
20525 Nordhoff Street
Chatsworth, CA 91311
[email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Co nsultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or un derstandings,

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whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this A greement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR SECURITY SERVICES

BETWEEN THE CITY OF HEMET AND ASSERTIVE SECURITY SERVICES & CONSULTING GROUP, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By: Moe Noorzai
Its:

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

Please see attached.

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

Please see attached.

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ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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ADDENDUM “2"

FEDERAL FUNDS

15.D

Assertive Security Services RFP – City of Hemet - City Securing Services Page 1 March 21st, 2023
City of Hemet
445 E. Florida Ave
Hemet, California 92543
Dear City of Hemet,
Assertive Security Services Inc (ASSERTIVE) is pleased to submit this proposal in response to RFP – City Securing Services at the service properties:

1. Brubaker Park – _3707 Mustang Ave.

2. Mary Henley Park – _801 South Kirby St.

3. Gibbel Park – _2500 West Florida Ave.

4. Weston Park – _700 E Florida Ave.

5. Simpson Park – _28505 Rawlings Rd.

6. Corporate Yard – _3777 Industrial Ave.

7. Public Library – _300 E. Latham Ave.

Section I – Experience:

Based on the Request for Proposal (RFP), Assertive will furnish various resources, such as labor, equipment, transportation, and materials, to provide securing and inspection services to the City of Hemet. Assertive is expected to provide the appropriate number of employees, including backup employees, to secure and inspect all locations and to assign a supervisor who will act as the contact and liaison with City staff. The supervisor will monitor employee logs and timesheets and ensure backup employees are adequately trained before serving as substitutes. In addition to these responsibilities, Assertive will also perform vehicle and foot patrols throughout all seven city-owned locations to secure and inspect common areas. Assertive has reviewed and understands all elements of the RFP to accurately assess its ability to meet the requirements and provide a competitive proposal.

No Exceptions are taken on this proposal by Assertive.

1. Company Information:

1. Company: Assertive Security Services and Consulting Group Inc.

2. Address: 20525 Nordoff Street #116 Chatsworth, CA 91311

3. Phone: 855-482-7335

4. Email: [email protected]

5. POC: Moe Noorzai

15.D

Assertive Security Services RFP – City of Hemet - City Securing Services Page 2 2/3. Experience/Past Performance
Garden Communities: (Past Performance #1)
Since 2012, Assertive Security Services has provided top-quality security services to all locations and communities of Garden Communities, California. Our team of highly skilled and trained security professionals has been dedicated to ensuring the safety and security of all residents. We have been using state-of-the-art technology and protocols to monitor the premises, including Daily Activity Reports (DAR), Incident Reports (IR), Patrol Reports (PR), detect suspicious activity, and respond promptly to any security threats. Our proactive approach to security has allowed us to deter potential threats before they become a problem. We have worked closely with the management team at Garden Communities California to develop customized security plans that meet the unique needs of each community. Our security expertise has allowed us to identify potential security risks and implement measures to address them. Our team of security professionals has been available 24/7 to respond to any security issues that may arise.

Our commitment to providing a safe and secure living environment has allowed residents to go about their daily lives with peace of mind. We are proud to have provided security services to all locations and communities of Garden Communities California since 2012.

POC: Lucas Hamlett
Telephone: 1 (858) 230-4004
Email: [email protected]
Contract Start Date: May 2012 – On Going
DaVita Kidney Care: (Past Performance #2)
Assertive Security Services is proud to have provided professional security guard services to DaVita Inc. since 2018 at its 8 Los Angeles locations. Our security guards have been responsible for Daily Activity Reporting (DAR), Incident Reporting (IR), and Perimeter control (PC) to ensure the safety and security of all employees and visitors.

We have been responsible for hiring, training, providing uniforms, equipping, directing, and discharging all employees provided. Assertive Security Services has also been responsible for paying federal, state, and local taxes, Worker's Compensation, Social Security benefits, unemployment compensation taxes, and overtime wages by complying with the State of California and Government law. Our personnel assigned to DaVita Inc. have been subject to all rules and regulations governing the conduct of its employees. We have been committed to replacing unsatisfactory personnel within four hours of notification by DaVita Inc. staff. Moreover, Assertive Security Services has complied with all laws, ordinances, rules, regulations, and codes applicable to these services. Our personnel who work under this contract have been uniformed, and we

15.D

Assertive Security Services RFP – City of Hemet - City Securing Services Page 3 have become familiar with DaVita Inc.'s unique requirements and pre-screened potential candidates for each opening.

POC: Holly Getz
Telephone: +1 (760) 216-4471
Email: [email protected]
Contract Start Date: May 2018 – On Going
Unvarnished Co: (Past Performance #3)
Assertive has provided professional security guard services to Unvarnished Co. since 2021. Unvarnished is a vast area of construction sites in Malibu with estates over 70 acres of development. We have been committed to ensuring the safety and security of all contractors and personnel on the site. Assertive has deployed four unarmed officers and one vehicle to impose any possible threats or damages to company tools, machinery, or equipment. Our officers have followed strict protocols to maintain a secure and safe construction site. Assertive has been providing Geo-Fencing Attendance, Daily Activity Reports, Perimeter Control/Safety, Access Control, and protecting all transients as part of our comprehensive security services. We have also provided vehicle surveillance to prevent unauthorized entry to the construction site.

Our officers have been patrolling a 10-mile radius daily throughout the day and evening to ensure the highest level of security. Our security professionals have been well-trained and equipped with state-of-the-art technology to detect suspicious activity and respond promptly to security threats.

POC: Teri Nichols
Telephone: 424-346-2616
Contract Start Date: August 2021 – On Going
Section II - Personnel:

Moe Noorzai will be the assigned Project Manager, and a certified Professional Project Manager (PMP)will be responsible for overseeing the planning, implementation, and tracking of this security project to ensure that each site is completed on time, within budget, and the satisfaction of the City of Hemet. He is responsible for managing the security team, developing security plans and protocols, coordinating with other stakeholders, and ensuring all security operations comply with relevant laws and regulations. Additionally, Moe Noorzai will ensure that all security personnel is trained, equipped, and prepared to handle potential threats or emergencies. Other responsibilities may include conducting site assessments, identifying and mitigating security risks, and maintaining communication with the client to provide regular updates on project progress. Moe Noorzai will play a critical role in ensuring the success of the RFP - City Securing Services project.

15.D

Assertive Security Services RFP – City of Hemet - City Securing Services Page 4 Section III - Fee Schedule:

Location: Daily Rate
Parks/Yard $28.90
Library $34.50
Holiday's Parks/Yard $43.35
Holiday's Library $51.75
*Rates assume one guard. Includes security vehicle with all required equipment and telecommunications for Assertive Guard: 355 working days and ten federal holidays.

Assertive Security Guard & Consulting Group, Inc.

Moe Noorzai
Sr. Project Manager
Tel: 818.402.7084
Email: [email protected]

15.D

RFP Response to:

RFP: CITY OF HEMET CITY PARK SECURING SERVICES

March 17, 2023

Howard Fridkin,
Sr. Security Consultant
Citiguard, inc
22736 Vanowen St., Ste. 300
West Hills, CA 91307

Candace Sunds
City of Hemet
Purchasing Division
445 East Florida Avenue
Hemet, CA 92543

Dear Ms. Sunds,
I would like to extend a quick note of appreciation for affording Citiguard, inc the opportunity to submit our security services proposal to you.

After reviewing and understanding all elements of this RFP, I confirm that our stalwart Citiguard team completely recognizes and understands, with commitment and guarantee, that we shall provide an effective, comprehensive plan to safeguard, without exemption, the six designated locations within the City of Hemet: Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park, Simpson Park, Corporate Yard and the Public Library.

Citiguard expresses its willingness to enter into a contract under the terms and conditions prescribed by the City of Hemet Professional Services Agreement, and expressly state that no exceptions are taken. Citiguard uses NO sub-consultants or sub-contractors.

Citiguard currently services schools, community centers, city construction projects, dealerships, museums, hospitals, shopping centers, airports, residential and commercial properties, high-profile special events and provide the Bakersfield Police Department with extra security to fortify protection to their city. Our invaluable experience in handling large-scale projects comes with the ever-challenging, unpredictability of emergency situations constantly erupting at heavily populated facilities and locations.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

For Example, in dealing with homeless shelters such as our ongoing service to the Los Angeles Homeless Services Authority (LAHSA) never fails to prove its demand for enhanced safety, as we provide a dynamic security plan for 24/7 coverage between 36 properties with as many as 28 guards per shift.

With key personnel combining their experience in the security guard service industry, Citiguard is proud to offer over sixty years of proficiency, capability, aptitude and dependability to bolster security to the most expansive areas to a single location, posting one guard. Nothing less than incomparable safeguarding will be given to all contracts.

Citiguard excels in our expertise in providing elite security services to various city and government facilities, especially homeless shelters by deploying ex-military and ex-police Security Personnel trained to prevent harm, theft and vandalism to your properties and the safety of the public. Citiguard’s explicit understanding of your work scope and special conditions comes with our experience in providing similar duties that we contract for Turtle Bay Exploration Park in Redding, CA.

We look forward to establishing a strong association with the City of Hemet as we strive to achieve your trust and confidence with our professional work ethics and diligence in providing the essential security you demand.

Best Regards,

Howard Fridkin
Sr. Security Consultant
Tel: 800-613-5903
Email: [email protected]
Authorized to execute documents on behalf of Citiguard, inc.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

TABLE OF CONTENTS

SECTION I

EXPERIENCE……………………………………………………………………………….1 - 4

SECTION II

PERSONNEL………………………………………………………………………………..4 - 6

SECTION III

FEE SCHEDULE
(separately submitted in “Cost File” section of PlanetBids)

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-1-

SECTION I

EXPERIENCE

Citiguard was founded in 2007 and has established itself primarily with city and government facilities by providing assiduous onsite and mobile patrol security services. Our exceptional reputation and unsurpassed leadership are derived from Citiguard’s President, Sami Nomair, who structured his company’s success by using his former experience as a security officer to tackle the many deficiencies he encountered with other top -rated security providers he had previously worked for. As a result, Citiguard was c reated as an upstart model that would address all clients’ concerns and commonly known frustrations inherent in this industry.

Citiguard started as a basic guard services provider with less than a dozen employees but has grown to a workforce of over 4,000 employees and office supporting staff devoted to safeguarding both the assets and personnel of each client and providing high-level security for the last 16 years, servicing a record-breaking year of over 400 active contracts.

Citiguard now has seven offices throughout California: Los Angeles, Irvine, Rancho Cucamonga, San Diego, Sacramento, Oakland, and West Hills. Consequently, Citiguard’s reputation for maintaining the highest professional standards for diligent onsite security vigilance and protective response continues to exceed client expectations today. Citiguard is one of the most trusted security guard companies in the Southern California Region and is rapidly approaching the top in Central and Northern California.

COMPANY INFORMATION:

Citiguard, inc

Legal status: S Corporation

Citiguard, inc was organized to do business in 2007 as a Security Guard Service.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-2-

CITIGUARD, INC (Home office)
22736 Vanowen St., Ste. 300
West Hills, CA 91307
Tel: 800-613-5903 / 818 456-4601
Email: [email protected]
Fax: 877-765-0955

Principal Officer:

Sami Nomair (President)
22736 Vanowen St. Ste. 300
West Hills, CA 91307
Tel: 800-613-5903 / 818 456-4601
Email: [email protected]

Gay Wallach (Vice President)
22736 Vanowen St., Ste. 300
West Hills, CA 91307
Tel: 800-623-5903
Email: [email protected]

Howard Fridkin (Senior Security Consultant)
22736 Vanowen St., Ste. 300
West Hills, CA 91307
Tel: 800-613-5903
Email: [email protected]

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-3-

REFERENCES:

TURTLE BAY EXPLORATION PARK
1335 Arboretum Street, Ste. A
Redding, CA 96003
Contact person: Tila Hoth, Director
Phone: 530-2423132
Email: [email protected]

Start date: March 2020
Contract amount: $1079.000.00
Term of Contract: Ongoing
Service: 5 unarmed security guards / 24/7 / patrol and monitor all entrances, clear transients and homeless off the premises, while protecting visitors from potential harassment. ------------------------------------------------------------------------------------------------------------------------------- LAHSA
707 Wilshire Blvd 10th Floor
Los Angeles, CA 90017
Contact Person: Elsie Nwankwo,
Coordinator, Contracts & Procurement
Tel: 213-225-8429
Cell: 213-216-2558
Email: [email protected]
Website: www.lahsa.org

Start date: April, 2020
Contract amount: $12 million
Term of contract: Ongoing
Service: 800 unarmed security guards / 24/7 / patrol 32 locations and keeping track of the comings and goings of all boarders and de-escalating aggressive behavior and eject disruptive individuals.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-4-

HOPE OF THE VALLEY (3 locations)
6425 Tyrone Ave.

Van Nuys, CA 91401
Contact person: Steve Morse, Director
Tel: 818-392-0020 ext. 1013
Email: [email protected]

Start date: December, 2021
Contract amount: $ 2.4 million
Terms of the contract: Ongoing
Service: 4 unarmed security guards / 24/7 / patrol/monitor and keep track of the comings and goings of all boarders and de-escalating aggressive behavior and disruptive individuals.

SECTION II

PERSONNEL (assigned to this RFP)

Steven Barragan (Regional Manager):

Mr. Barragan started working at Citiguard in 2015 and began as an account manager.

Mr. Barragan began working in the security industry in 2010 as a security guard based in Los Angeles. During that time, Mr. Barragan studied the detailed communication required between the account manager and the property managers to maintain a profitable relationship. As a result, Citiguard recruited Mr. Barragan at the beginning of 2015 and managed more than 50 properties within his first year. His first large project management was with Eataly, located in the Westfield Century City shopping mall in 2016. With successful yearly growth in security management, Mr. Barragan was promoted to Regional Manager in 2019. He continues to prove his excellence in managing the security for L.A.’s Chesterfield Square and other large-scale marketplaces and properties throughout Southern California.

Educational Background:

Mr. Barragan attended California State Fullerton and, in 2009, graduated with a bachelor’s degree in business administration. In addition, Steven participates in yearly corporate training seminars and administration training.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-5-

Jonathan Morvant (Project Manager):

Strategic responsibilities focus on evaluation, selection and the training of our security guards. His experience in handling a wide range of technical equipment and his knowledge of safety procedures, including firearm safety, makes communication with local authorities, police officers, fire fighters and emergency services a beneficial tool in assisting security posts that are experiencing extraordinary circumstances. Mr. Morvant oversees our large-scale city and government contracts, assisting his team in coordinating the deployment of security personnel for a vast variety of post locations for such facilities as Caltrans and LAHSA.

Educational Background:

Mr. Morvant is a graduate from the University of San Diego with A Bachelor’s degree in Executive Management.

Bashir Oriakhil: (Quality Assurance Director):

Mr. Oriakhil began working with Citiguard at the beginning of 2016 and has worked as a Quality Assurance manager with multiple security providers since 2010. Mr. Oriakhil stood out with his experience and attention to detail. He showed a dedication to learning every detail in his line of work, and in 2018 he was promoted to Quality Assurance Director. Mr. Oriakhil maintains direct contact with each Quality Assurance Manager in the State of California and assesses each project site to maximize the quality of Citiguard’s service.

Educational Background:

Mr. Oriakhil has a military background and worked with the United States Defense in Afghanistan. He went to the University of Kabul and earned his arts bachelor's. Upon returning to the United States, Bashir avidly takes yearly quality assurance courses and seminars.

Howard Fridkin: (Senior Security Consultant):

Mr. Fridkin has ten years of experience in customer service and security personnel management. He oversees the maintenance of Citiguard’s Quality Assurance Policy by monitoring its Customer Service Department and maintaining direct communication with clients to ensure they receive exemplary onsite security performance from each officer.

Educational Background:

Mr. Fridkin is a graduate from UCLA and holds an MBA.

15.D

Confidential Information|
800-613-5903 | www.Citiguardinc.com

-6-

Aurora Olmos (Accounts Manager):

Ms. Olmos and her management team operates as one, making certain that our availability to you is on a 24/7 basis. She has designed a flawless response system that adheres to the client’s needs & requests without unnecessary delays. Ms. Olmos ensures each client’s scope of work is matched with the right team of supervisors in order to execute the most efficient security scheduling, deployment and performance.

Educational Background:

Ms. Olmos is a graduate from the University of San Francisco and has a Master’s Degree in Financial Economics & Performance Studies in Management.

Braulio Lopez (Dispatcher):

Mr. Lopez is responsible for overseeing the activities of the security shift which provides safety and protects all patrons, employees and company assets. Supervise programs and processes to reduce and control loss time injuries. Review staffing levels to maintain full coverage of posts. Delegate authority and assign responsibilities. Investigate incidents and/or customer complaints and compile data for accurate reporting.

Educational Background:

Mr. Lopez is a graduate from the University of Irvine with a Bachelor’s Degree in criminal Justice.

15.D

Confidential Information|
323-948-7691 | www.Citiguardinc.com
RFP: CITY PARK SECURING SERVICES

FEE SCHEDULE

CITY OF HEMET
Sites: Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park, Simpson Park, Corporate Yard and the City Library
Duties: Provide standard security services normally associated with protecting people, property and executing the specified task described in the “Scope of Work.” Type of Security Service
_________________________________________
Number of Security Guards
(including one Supervisor)
_________________________________________
Number of Patrol Vehicles
_________________________________________
Days of Service
Unarmed
_______________________
Two (2)
_______________________
Two (2)
_______________________
Monday - Sunday
Hours of Service Monday - Thursday
(9:30 p.m. – 5:30 a.m.)
Friday – Sunday
(9:30 p.m. – 5:30 a.m. /
6:00 a.m. – 6:00 p.m.)
Total Service Days Per week Seven (7)
Total Service Hours Per Day (Monday-Thursday)
Total Service Hours Per Day (Friday-Sunday)
Thirty-two (32)
Sixty (60)
Total Service Hours Per Week
_________________________________________
Cost Per Hour (Security Guard)
_________________________________________
Cost Per Hour (Supervisor)
_________________________________________
Cost Per month (Patrol Vehicle)
_________________________________________
Total Cost Per Month
_________________________________________
Total Cost 1st Year
Ninety-two (92)
_______________________
$26.00
_______________________
$29.00
_______________________
$2,100.00
_______________________
$21,587.00
_______________________
$ 259,044.00

15.D

Prepared for and Presented to:

City of Hemet Park Division
445 East Florida Avenue
Hemet, California 92543

To the attention of:

Ms. Candace Sunds

Confidential and Proprietary Information
Proposal to Provide:

City Securing and Inspection
Services

Request for Proposal Response

March 21, 2023
Invicta Security CA Corporation
dba AllState Security
9845 Erma Road, Suite 300
San Diego, California 92131-1057
(888) 210-7333

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page i Confidential and Proprietary Information

COVER LETTER

March 21, 2023

Ms. Candace Sunds
City of Hemet Parks Division
445 East Florida Avenue
Hemet, California 92543

Dear Ms. Sunds,
The senior management team and the security guard personnel and supervisors of Invicta Security CA Corporation dba AllState Security (AllState) thank the City of Hemet Parks Division for allowing us the opportunity to participate in this solicitation and a ward process and for the City’s consideration of our proposal. We are fully committed to provide exemplary, compliant, and consistently reliable services and expertise if we are fortunate to be awarded this contract. We take no exception to any term, condition, or provision of this contract.

AllState has performed a thorough and exacting review of every element of this Request for Proposal (RFP). We have included in our proposal response the requisite documentation supported by a detailed, specific response to every RFP requirement.

This proposal shall remain valid until 90 days from the proposal due date, the extension of which shall not be unreasonably withheld.

AllState welcomes the opportunity to discuss any or all sections of our response or to answer any questions or provide any additional information. We look forward to hearing from you and the City.

Respectfully submitted,

Dan Quinn
Partner

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page ii Confidential and Proprietary Information

TABLE OF CONTENTS

Cover Letter .................................................................................................................................................. i Table of Contents ........................................................................................................................................ ii 1 Section I – Experience ........................................................................................................................ 3

1.1 Overview of the Company ................................................................................................................ 3

1.2 AllState Experience .......................................................................................................................... 3

1.2.1 Experience in Performing Work of a Similar Nature .................................................................. 3

1.2.2 Personnel Experience – AllState’s Security Personnel Experience .......................................... 3

1.2.3 AllState and the Security Guard Industry .................................................................................. 4

1.2.4 Invicta Security CA Corporation dba Allstate Security .............................................................. 5

1.2.5 Current AllState Customers – Services Identical to Those Required by the City ..................... 6

1.3 References ....................................................................................................................................... 7

1.3.1 City of San Diego Parks and Recreation, Mobile Patrol Service for 27 San Diego City Parks . 7

1.3.2 City of San Diego; City-wide Armed and Unarmed Security Guard Services ........................... 7

1.3.3 City of San Diego Public Library, Standing Guard and Patrol Service at 38 Public Libraries ... 8

1.4 AllState Security Guard/Officer Training Program ........................................................................... 9

1.4.1 AllState Training of its Security Personnel ................................................................................ 9

1.4.2 AllState’s Commitment to Training and Compliance ................................................................. 9

1.4.3 Examples of AllState Excellence in Training Techniques ....................................................... 13 2 Section II – Personnel ....................................................................................................................... 15

2.1 Management, Leadership, Experience .......................................................................................... 15

2.2 Account Manager / Primary Point of Contact for Day-to-Day Operations ..................................... 15

2.3 Account Representative ................................................................................................................. 15 3 Section III – Fee Schedule ................................................................................................................ 17

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 3 Confidential and Proprietary Information
1 SECTION I – EXPERIENCE

1.1 Overview of the Company
Legal Company Name ....................... Invicta Security CA Corporation dba AllState Security Address................................ ......................... 9845 Erma Road, Suite 300, San Diego, CA 92131 Phone ................................ ................................ ................................ ..................... 888-210-7333 Type of Business ................................ ................................ ................................ ....... Corporation

Person Authorized to Submit the Proposal
Name, Title ................................ ................................ ................................ .... Dan Quinn, Partner Email Address ................................ ................................ ................ [email protected] Phone ................................ ................................ ................................ ..................... 516-551-7696

Account Manager / Primary Point of Contact
Name, Title ................................ ............ Joseph Faltas, MBA, Director of Business Development Email Address ................................ ................................ ........................... [email protected] Phone ................................ ................................ ................................ ..................... 760-583-7803

1.2 AllState Experience

1.2.1 Experience in Performing Work of a Similar Nature Allstate Security (AllState) was founded in 2012 and has 11 years of experience providing the security guard services proposed under this contract.

AllState currently employs approximately 700 full-time California BSIS -certified security personnel, has a senior management team with more than a century of security services experience, and is one of the fastest-growing security firms in the State of California.

AllState’s exemplary reputation is built on training, professionalism, employee respect, and a standard of client service that is unsurpassed. AllState’s commercial and government guard services and patrol operations serve some of the most demand ing accounts, and AllState has maintained its mission to meet the demand for critical security service with expertise and an unwavering commitment to excellence. These values have earned AllState the recognition it has today as the best of the best in Southern California.

AllState’s guard accounts include government, education, military, retail centers, residential communities, commercial sites, industrial buildings, construction sites, hospitality, financial institutions, warehouses, and healthcare.

AllState provides security guard/officer services throughout San Diego County and has more than 20 current contracts that range from regional, local, and federal government agencies to large, multinational corporations to educational institutions to international pharmaceutical companies.

1.2.2 Personnel Experience – AllState’s Security Personnel Experience Company Name
Current Number of
Security Guard
Personnel

AVERAGE
Years of Security Guard
Experience – All Guards
TOTAL
Years of Experience –
Senior Management
AllState Security 700 5.61 114
Table 1 – Number of Security Guards, and Company and Management Years of Experience

1.2.2.1 Physical Resources – Equipment and Facilities
▪ State-of-the-Art Security Offices in Southern California ▪ AllState Command and Operations Center (ASCaOC)

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 4 Confidential and Proprietary Information
▪ Electronic Guard Management and Daily Reporting Platform o Provides Real Time Reporting Capabilities
o Provides real time guard location verification (Tour Verification) ▪ A fleet of Security Guard Patrol Vehicles including cars, pickup trucks, sport utility vehicles, Segways, golf carts, and bicycles
▪ All necessary equipment and tools of the trade for its security guards

1.2.3 AllState and the Security Guard Industry
Fixed and roving site security is intended to deter hostile elements from conducting illegal activities against a company or government resource and/or facility. AllState, as a professional private security guard services firm protects civilians, con tractors, facilities, information, and materiel resources against unauthorized access, hostile intent, criminal trespass, terrorism, and other unlawful activities.

AllState provides required personnel at client -designated access control points, entry cont rol points, and roving patrols to detect, identify, report, and guard against the entry of unauthorized personnel and contraband. AllState also performs regular internal and external security patrols to check for breaches in the perimeter barrier and ident ify threats and/or suspicious activity in the vicinity of a facility perimeter.

AllState provides each of its on-site security guards with a company-unique identification badge that does not resemble the local facility or installation badging scheme or col or. AllState guard personnel complete a background investigation, including criminal and employment checks, as well as a drug screening. AllState security guards have excellent interpersonal skills and present a neat and professional appearance, demonstrate knowledge of the legal authority and limitations of a security officer, and demonstrate continuing physical fitness.

To ensure that AllState has sufficient personnel to meet all contract requirements, AllState performs continuous recruitment of security guard personnel. AllState has proficiency in the recruitment, screening, employment, training, and retention of various levels of security guard personnel, security supervisors, and project/program managers. AllState has developed and deployed a highly ef ficient employee recruitment process that includes a myriad of employee locating and recruitment resources that focus on the experience, training, and skillsets of needed personnel.

The AllState employment process includes a rigid screening and selection process to ensure that all AllState personnel are fully vetted and approved prior to being assigned to a client contract.

This vetting process includes criminal and personal background checks, drug tests, verification of skills, including communication proficiencies, and testing to ensure the potential employee meets all AllState and client contract requirements.

Once hired, the employee goes through AllState’s industry -leading training program. We have developed and conducted training programs for securit y operations, law enforcement agencies, and multinational corporations for more than seven years and several thousand employees. Initial pre-assignment training is subsequently enhanced by/during AllState’s ongoing training programs.

AllState performs work in accordance with all professional standards, contract requirements, and client instructions. A testament to AllState’s success in this area is the year -over-year growth it has experienced in each of its 10 years of operation.

As noted in our introduction above, AllState’s senior management team has more than 114 years of security guard operational and security firm management experience – experience that includes:

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 5 Confidential and Proprietary Information
▪ Contract management
▪ Contract reporting
▪ Site management
▪ Site reports
▪ Personnel management including recruiting and retention of security personnel ▪ Training
▪ Reporting

1.2.4 Invicta Security CA Corporation dba Allstate Security IN’VIC.TA = UNCONQUERABLE, INVINCIBLE
We are Invicta – Unparallel Physical Security
Invicta is headquartered In Denver, Colorado and provides private security guard services in Arizona, California, Colorado, New Mexico, and Pennsylvania. The AllState division of Invicta is headquartered in Southern California (San Diego) and its guard accounts include government, education, military, retail centers, residential communities, commercial sites, industrial buildings, construction sites, hospitality, financial institutions, warehouses, and healthcare.

1.2.4.1 School Security
▪ Reduce safety and liabilities
▪ Employee Safety
▪ Student Safety

1.2.4.2 Corporate Security
▪ Facility Security
▪ Office Building/Warehouse/Industrial
▪ HR Security
▪ Private Event Security
▪ Camera Monitoring
▪ Front Desk
▪ Armed/Unarmed/Concealed

1.2.4.3 High-Threat Executive Protection
▪ Static and Mobile Operations
▪ Highly Discreet
▪ Short-Term and Long-Term Details

1.2.4.4 Mall Security
▪ Event security
▪ Verified alarm response

1.2.4.5 Bank Security
▪ Intrusion Prevention System (IPS)
▪ Biometrics
▪ Risk assessment
▪ Employee Safety

1.2.4.6 Congregation Security
▪ Event security
▪ Houses of Worship
▪ Government Meetings and Events

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 6 Confidential and Proprietary Information

1.2.5 Current AllState Customers – Services Identical to Those Required by the City AllState provides security guard/officer services throughout Southern California including more than 20 current contracts identical to this City contract. The contracts range from local and federal government agencies to large, multinational corporations to special events (San Diego Comic Con) to educational institutions to international pharmaceutical companies.

The list below of our current, relevant customers (Table 2) demonstrates the continued growth of AllState and our clients’ acknowledgement of our professionalism and dedication to cust omer service and problem resolution.

Customer Name Description of Services Relevant to this
Contract Contract Period
Educational Clients
Escondido Unified School District Unarmed and Patrol Security 2016 – Present Escondido Union High School District Unarmed and Patrol Security 2021 – Present University of California, San Diego Unarmed, Armed, Patrol, Rover Patrol, Crowd Control, Special Events 2015 – Present
Government and Military Clients
U.S. Health and Human Services,
Administration for Children/Families
Security Services for San Diego Convention
Center 2021 – Present
County of San Diego Security Guard Services for COVID-19 Quarantine Locations 2020 – Present
City of San Diego – contract 1 Armed and Unarmed Security 2017 – Present City of San Diego – contract 2 City-Wide Contract for Armed and Unarmed Security 2019 – Present
San Diego Housing Commission Unarmed and Roving Security for SDHC Main Building 2017 – Present
City of El Cajon Unarmed Security Special Events, Crowd Control, City-Wide Services 2018 – Present
City of San Marcos Unarmed Security Special Events, Crowd Control, City-Wide Services 2017 – Present
City of Santee Unarmed Security for City Building 2017 – Present Del Mar Fairgrounds Crowd Control Year by Year
Healthcare
Ferring Pharmaceuticals Unarmed Security, Rover, CCTV/Console 2016 – Present Argen Medical Devices Unarmed Security, Rover, CCTV/Console 2016 – Present National/Multi-National Retail, Commercial, and Industrial Clients Best Buy Special Event and Crowd Control for Various
Locations 2015 – Present
Walmart Unarmed Security, Crowd Control, Special
Events, Rover Supervisor 2016 – Present
Wells Fargo Bank Armed Security Services 2016 – Present Toyota Unarmed and Rover Patrol Security 2014 – Present Resort, Hospitality, and Special Event Clients
SpringHill Suites – Oceanside Unarmed and Rover Patrol Security 2020 – Present Hyatt - Oceanside Unarmed and Rover Patrol Security 2020 – Present

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 7 Confidential and Proprietary Information
Customer Name Description of Services Relevant to this
Contract Contract Period
Hilton Hotels Unarmed Security and Patrol Rover Security - Various Locations 2014 – Present
San Diego Comic-Con Special Event Security 2015 – Present Table 2 – List of AllState Customers Identical to Contract Requirements

1.3 References
AllState has provided the following three (3) examples of recent and relevant/similar experience to this City of Hemet contract:

1.3.1 City of San Diego Parks and Recreation, Mobile Patrol Service for 27 San Diego City Parks
Reference #1 Mobile Patrol Service for 27 San Diego City Parks Customer City of San Diego Parks and Recreation
POC Name / Title Casey Smith, Director of General Services Address 5555 Overland Avenue, San Diego, CA 92123
Email [email protected]
Phone 619-527-6014
Dates of Contract January 2020 – Present
Project Description:

Provide Mobile patrol service for 27 San Diego City Parks:
▪ Drive up into park entrances and parking lots and visually inspect all buildings/structures to make sure they are secure and surrounding park area is safe. ▪ Report to San Diego police department any suspicious, or unsafe activity. Unless there is an emergency/urgent situation, i.e., medical assistance, violence or breaking and entering, then assist and call shall be placed via 911.
▪ Patrol services are from 8 pm to 5 am. A daily shift log shall be kept for all parks listed on the and include the date, time of inspections, notation of any reported police activity, and include a legible signature of contractor's security personnel that was on duty and filled-in the log. ▪ List of Parks:
▪ Sunset Point ▪ Bonita Cove (South) ▪ Playa 1 Parking Lot ▪ Vacation Isle ▪ South Mission Beach ▪ Playa 2 Parking Lot ▪ Kellogg Park ▪ Mission Beach ▪ Playa 3 Parking Lot
▪ Fiesta Island ▪ Fanuel Street Park ▪ North Cove Parking Lot ▪ Bahia Point ▪ Hospitality Point ▪ Dog Beach (Ocean Beach) ▪ Tecolote Shores ▪ Crown Point Shores ▪ Ski Beach (North & South) ▪ Ventura Cove ▪ De Anza Cove ▪ Bonita Cove (East & West) ▪ Santa Clara ▪ Sunset Cliffs Natural Park ▪ Rose Marie Starn/South Shores ▪ El Carmel ▪ Tecolote Playground ▪ Torrey Pines City Park (Glider Port)

1.3.2 City of San Diego; City-wide Armed and Unarmed Security Guard Services Reference #2 City of San Diego; City-wide Armed and Unarmed Security Guard Services Customer City of San Diego; City Facilities Department POC Name / Title Police Captain Scott Wahl
Address 1200 Third Avenue, San Diego, CA 92101

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 8 Confidential and Proprietary Information
Reference #2 City of San Diego; City-wide Armed and Unarmed Security Guard Services Email [email protected]
Phone Office: 619-531-2635; Mobile: 619-869-9545
Dates of Contract July 2018 – Present
Project Description:

At all City of San Diego facilities and locations throughout the city including, but not limited to, the Office of the Treasure, Department of Housing, City Hall Area, and Public Restrooms, AllState provides the following security officer/guard services:
▪ Provide security guards to 26 City libraries
▪ Patrol libraries to deter trespassing, homeless, and graffiti ▪ Contact 911 in case of emergency
▪ Provide first aid in case of a medical emergency
▪ Open and close the Balboa Park gates
▪ Escort city employees to their cars at night
▪ Provide armed security presence in the lobby by monitoring customer and staff traffic during the entire shift.
▪ Escort depositor from building parking garage into City suite. ▪ Open the main lobby doors to the public at the scheduled time in the morning. ▪ Close and lock the lobby doors at the scheduled time in the evening. ▪ Answer general questions from the public regarding the nature of their visit by knowledge of guidelines and required forms the customer may need.
▪ Verify City ID prior to granting access to the suite. ▪ Sign in any City employee not with the Office of the City Treasurer before entry to the suite is granted.
▪ At the end of the shift, perform a perimeter check to ensure all entry/exit doors are locked and no unauthorized persons are in the City buildings.

COVID-19: April 2020 in response to the City of San Diego’s COVID-19 mitigation response efforts, AllState was tasked with providing more than 60 security officers at the San Diego Convention Center Because of AllState’s reputation as one of the best-of-the-best City employers, armed with a strong bench of qualified and trained personnel, and supported by a state-of-the-art recruiting division and processes, AllState located/recruited, hired, onboarded, trained, oriented, and d eployed all licensed security officers in less than four (4) days.

1.3.3 City of San Diego Public Library, Standing Guard and Patrol Service at 38 Public Libraries
Reference #3 Standing Guard and Patrol Service at 38 Public Libraries Customer City of San Diego Public Library
POC Name / Title Misty Jones, City Librarian/Director
Address 330 Park Blvd. San Diego CA. 92101
Email [email protected]
Phone 619-236-5870
Dates of Contract July 2017 – Present

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 9 Confidential and Proprietary Information
Reference #3 Standing Guard and Patrol Service at 38 Public Libraries Project Description:

Provide standing guard and patrol service at 38 Public libraries in the City of San Diego :
▪ List of Libraries:
▪ Central Library ▪ Performance Annex ▪ Allied Gardens/Benjamin Library ▪ Balboa Library ▪ Clairemont Library ▪ Carmel Mountain Ranch Library ▪ La Jolla/Riford Library ▪ Carmel Valley Library ▪ City Heights/Weingart Library ▪ College-Rolando Library ▪ Logan Heights Library ▪ Kensington-Normal Heights Library ▪ Linda Vista Library ▪ Mira Mesa Library ▪ Mission Hills-Hillcrest/Knox Library ▪ Mission Valley Library ▪ Oak Park Library ▪ Mountain View/Beckwourth Library ▪ North Clairemont Library ▪ North Park Library ▪ North University Community Library ▪ Ocean Beach Library ▪ Otay Mesa-Nestor Library ▪ Serra Mesa-Kearny Mesa Library ▪ Pacific Beach/Taylor Library ▪ Paradise Hills Library ▪ Scripps Miramar Ranch Library ▪ Point Loma/Hervey Library ▪ Rancho Bernardo Library ▪ Rancho Peñasquitos Library ▪ San Carlos Library ▪ San Ysidro Library ▪ Valencia Park/Malcolm X Library ▪ Skyline Hills Library ▪ Tierrasanta Library ▪ University Community Library ▪ University Heights Library

1.4 AllState Security Guard/Officer Training Program

1.4.1 AllState Training of its Security Personnel
As an industry leader in the design and delivery of innovative training programs, AllState has developed and conducted training programs for security operations, law enforcement agencies, government agencies, and multinational corporations. We recognize that once we have obtained the highest quality security officers/guards with the most finely tuned instincts for the work, it is critical that we refine those basic talents with quality training. AllState has in -house Bureau of Security and Investigative Services (BSIS)-certified instructors that currently provide a myriad of courses and areas of instruction. Our instructors are also qualified in CPR/First Aid, weapons (if/when applicable), and OSHA training.

All AllState’s security guards have a current California BSIS Guard Card, in addition to:
▪ FEMA ICS 100 (Introduction to the Incident Command System) ▪ FEMA NIMS Intro (National Incident Management System) ▪ FEMA IS-907: Active Shooter: What you can do
▪ DHS Security Officer
▪ First Aid / CPR / AED

1.4.2 AllState’s Commitment to Training and Compliance
Prior to the start of this contract, AllState will provide proof of its ability to provide all required training and training of the initial contingent of security guards for this contract will be completed and proof of completi on of the training provided. AllState acknowledges that training is its sole responsibility and that all staff in training shall be considered assigned to the contract. All required training shall be documented and will include the time, date, location, and trainer. The credentials of the trainer(s) demonstrating skill, knowledge, and ability to perform training can be provided.

AllState will provide a copy of all training materials prior to the beginning of the contract and will be provided written notice of training completion for each new guard prior to the guard being assigned to the contract.

AllState will provide the following training to each individual assigned to the contract, in addition to on-site post training covering the specific post orders and procedures.

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 10 Confidential and Proprietary Information

1.4.2.1 General Duties and Code of Conduct
▪ Client Policies and Procedures – AllState guards are trained to maintain confidentiality and follow the City’s policies and procedures.
▪ Image and Demeanor – It is necessary that the security personnel present an image to the employees and visitors that are favorable to our client while maintaining a professional security presence. AllState understands that our Security Officer’s behavior and performance will reflect directly on our clients.
▪ Report Writing – All activity of AllState personnel will be properly documented. Any incidents resulting in damage to property or jeopardizing the safety of employees or the general public will be thoroughly documented in incident reports. Routine security activities will be documented on Daily Activity Reports. It may also be necessary to prepare and submit additional reports for administrative practices. Security Officer training includes report writing, administrative practices, and related document preparation and submission. ▪ Good Communications Skills – AllState guards must understand, read, and speak English fluently.

AllState offers the following ongoing training courses specific to general duties and code of conduct:
▪ Updates on current laws and regulations regarding public adherence to COVID-19 protocols, mask mandates/usage, distancing rules
▪ General Duties & Safety
▪ Importance of the Security Officer
▪ Introduction to Security
▪ Loss Prevention
▪ Prevention, Response Strike Security
▪ Radio & Telephone Communications Security Officer Safety ▪ Report Writing – The Importance and Value of an Accurate Report ▪ Tactical Communications
▪ Crowd Control
▪ Understanding and Implementing Disaster Plans, Parking Patrol and Traffic Safety protocols

1.4.2.2 Fire Prevention and Protection
AllState offers the following ongoing and emergency response training courses specific to fire prevention and protection:
▪ Fire alarm monitoring, reporting, and resetting
▪ Use of alarm-related computers and monitoring systems ▪ Safety and fire prevention and detection
▪ Use of fire alarms and extinguishers
▪ Area bomb threat response
▪ Evacuation plan(s) for each building
▪ Emergency Response Training Requirements

1.4.2.3 First Aid Training
AllState offers the following ongoing training courses specific to first aid training:
▪ Accident/injury prevention
▪ Accident/injury management
▪ Cardio-pulmonary resuscitation (CPR)
▪ Automatic external defibrillator (AED)
▪ Advanced First Aid
▪ Life safety procedures
▪ Emergency Communication Procedures

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 11 Confidential and Proprietary Information
▪ Emergency Response Training Requirements
▪ How and when to contact EMS personnel and equipment
▪ Communication with EMS regarding patient condition and location of incident ▪ Crowd management during injury and medical personnel operations

1.4.2.4 Employee Safety and Workplace Violence
AllState offers the following ongoing training courses specific to employee safety and workplace violence:
▪ Understanding of all safety requirements
▪ Violence in the Workplace
▪ Hostage Situations, Sabotage, and Espionage
▪ Civil Disturbances
▪ Terrorism, Anti-Terrorism, and Weapons of Mass Destruction ▪ Bomb Threats and Incident
▪ Emergency Communication Procedures
▪ Emergency Response Training Requirements
▪ Active Shooter
▪ De-escalation tactics and situational management
▪ Drug and Alcohol Abuse in the Workplace
▪ Emergency Situations, Safety Safe Driving for Security Officers

1.4.2.5 Safe Patrolling/Observation Techniques
AllState offers the following ongoing training courses specific to safe patrolling/observation techniques:
▪ COVID-19 protocols – all federal, state, county, and local requirements ▪ Radio Procedures – Officers learn to make clear and accurate radio Transmissions ▪ Emergency Situations, Safety Safe Driving for Security Officers ▪ Controlling Aggressive individuals and The Use of Restraints ▪ Gang Identification – graffiti, tattoos, other signs, and signals ▪ How to deal with confrontational individuals
▪ How to handle potentially violent individuals
▪ Crowd Control procedures
▪ Special Situations:
o Code Adam (missing child)
o Terrorism, Anti-Terrorism, and Weapons of Mass Destruction o Bomb Threats and Incident
o Hostage Situations, Sabotage, and Espionage
o Civil Disturbances
o Workplace Violence and Active Shooter
▪ Intrusion alarm operation
▪ Use of alarm-related computers and monitoring systems ▪ Responding to a Hazardous Materials Incident
▪ Crime Scene Containment
▪ Tactical Communications
▪ Understanding the Disaster Plan including evacuation plans, traffic flow plans, crowd safety, crowd control
▪ Use of Instruments – Oleoresin Capsicum (OC) Sprays and Batons, if/as/when required ▪ Emergency Communications
▪ Defensive Tactics
▪ Empty Hand Control Techniques

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 12 Confidential and Proprietary Information
▪ Firearms (Initial and Requalification Training)
▪ Handcuffing Techniques, if/as/when required
▪ Intermediate Weapons/Compliance
▪ Use of Force, if/as/when required
▪ Social distancing requirements and enforcement
▪ Mitigation of contamination to mitigate the spread of COVID-19 ▪ Non-compliant (no mask) individuals – management, removal as required ▪ Controlling Aggressive individuals and The Use of Restraints, if/as/when required

1.4.2.6 Customer/Public Relations
AllState offers the following ongoing training courses specific to customer/public relations:
▪ COVID-19 protocols – all federal, state, county, and local requirements ▪ Conflict Management
o This course teaches officers the ability to recognize and control potentially volatile situations and helps officers develop the ability to recognize behavior that could result in serious injury or damage to property
o De-escalation tactics and situational management
▪ Understanding and the ability to communicate all COVID-19 protocols including, but not limited to, all federal, state, county, and local requirements ▪ How to deal with confrontational individuals
▪ How to handle potentially violent individuals
▪ Policing/Diversity
▪ Public Relations
▪ Interacting with Disturbed Persons
▪ Non-compliant (no mask) individuals – management, removal as required ▪ Controlling Aggressive individuals and The Use of Restraints

1.4.2.7 AllState Security Training Offerings
What sets Invicta apart from its competitors is training – we take training seriously to ensure our personnel and clients are protected against various threats and ensure that our Protection Specialists receive the best training in the nation. Our training program is a straight-forward, step-by-step process that is proven to build competence and confidence through both classroom and hands on practical exercises.

Invicta’s training programs are both challenging and rewarding, and our friendly and professional instructor teams ensure every student is set up for success.

1.4.2.8 Current Training Offerings
▪ Company Training IET – Initial Employee Training
▪ Tactical Carbine
▪ Tactical Shotgun
▪ Defensive Tactics
▪ Employee Safety
▪ Combatives (hand to hand)
▪ Tactical Knife
▪ IFAK - Individual First Aid Kit
▪ Driving
▪ Event Security
▪ Precision Shooting
▪ CQB – Close-Quarters Battle
▪ EP (Executive Protections) Basics
▪ Travel Safety

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 13 Confidential and Proprietary Information

1.4.3 Examples of AllState Excellence in Training Techniques

Department of Homeland Security – AllState worked in concert with the U.S. Department of Homeland Security (DHS) to develop a training program for:
▪ Community Response to Active Shooter Incident Project, ▪ DHS Center for Faith and Opportunity Indicatives,
▪ DHS National Protection and Programs,
▪ Federal Law Enforcement Training Center, and
▪ Officer of Counterterrorism and Security Preparedness.

COVID-19 – in April 2020 in response to the City and County of San Diego’s COVID-19 mitigation response efforts, AllState was tasked with providing more than 120 security officers at various facilities in the San Diego that included the San Diego Convention Center (60) and the Crown Plaza and Atwood Hotels in San Diego’s Hotel Circle (60). Because of AllState’s reputation as one of the best -of-the-best regional employers, armed with a strong bench of qualified and trained personnel, and supported by a state- of-the-art recruiting division and processes, AllState located/recruited, hired, onboarded, trained, oriented, and deployed more than 100 licenses security officers in less than four (4) days.

Hepatitis A Outbreak – The Country of San Diego contract noted in the first bullet point above was awarded to AllState in September of 2017. The City of San Diego referred AllState Security to the County of San Diego to assist with the largest hepatitis A outbreak in decades. The County entrusted AllState to manage this urgent and critical security and safety situation that required 16 locations to be immediately and continuously covered by full-time security guards 24 hours a day.

AllState had about one week to develop and implement a strategic plan to meet this requirement, and we did so successfully. AllState brought in 85 uniformed guards to handle and execute the requirements of the County and provided public safety and maintained order during this time of emergency. The AllState contract was one of a pair of contracts awarded on an emergency basis (the AllState contract was to provide armed security) in response to the deadly outbreak of hepatitis A in San Diego. The security guard contract awarded to AllState was noted in the County’s “2017-2018 Hepatitis A Outbreak After Action Report” released in May of 2018.

FBI’s Infrared National Members Alliance – AllState worked with and developed training resource information for the FBI’s Infrared National Members Alliance – Security Council Places of Worship where we assisted in the development of the National Template (currently under development with DHS Office of Faith-Based and Community Relationships), for Mitigating and Protection of Places of Worship. We assist each chapter in establishing a Faith-Based Sector Program and associated activities and provided conference/seminar training and sector development support and assistance.

FEMA National Emergency Management Advanced Academy –
as an adjunct, AllState assisted in the development of the framework for and with the FEMA National Emergency Management Advanced Everyone Claims to be an Expert – AllState Can Prove It! Other Companies Take Training Classes – AllState Trains the Experts!

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 14 Confidential and Proprietary Information
Academy (NEMAA). NEMMA reinforces the quali ties needed to lead emergency management programs, provides relevant management theories and concepts, and utilizes appropriate case studies. Advanced Academy participants work within a collaborative environment on projects and establish a network of peers. Work within a collaborative environment on projects and establish a network of peers. Participants hone skills critical to performing emergency management responsibilities, including:
▪ Program Management and Oversight,
▪ Effective Communication at all Levels,
▪ Integrated Collaboration, and
▪ Strategic Thinking

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 15 Confidential and Proprietary Information
2 SECTION II – PERSONNEL

2.1 Management, Leadership, Experience
The AllState Security division of Invicta is h eadquartered in San Diego, California, AllState has built a reputation of commitment, professionalism, and a standard of service unsurpassed in the security guard industry. AllState is a specialist in contract compliance and employee training and provides professional security guard service and patrol operations while serving some of the most demanding government, educational, and commercial accounts in Southern California.

AllState has maintained its mission to meet the demands for critical security service with expertise and an unwavering commitment to excellence. These values have earned AllState the industry recognition it has today as the best-of-the-best. AllState is a compilation of executive and senior managers supported by a trained and experienced support staff that is complemented by a positive and uncluttered operating and management environment that values the work and dedication of each employee.

2.2 Account Manager / Primary Point of Contact for Day-to-Day Operations Name ................................ ................................ ................................ ......... Aaron Steward, MBA Title ................................ ................................ ................................ ............ Director of Operations Phone (Office/Mobile) ................................ ................................ .... 888-210-7333 / 619-852-1280 Email ................................ ................................ ................................ .... [email protected] Experience with Cities and Communities ................................ ................................ .......... 4 years

High-level Overview of Experience and Skills
▪ Military Experience with 26 years as a Navy SEAL in San Diego ▪ Expert in security guard operations related to cities and communities ▪ Co-Responsible for the overall daily operations of AllState’s Security operations in accordance with established company and clients’ policies, procedures, and objectives. ▪ Carries out supervisory responsibilities in accordance with AllState’s and client’s policies and applicable laws.
▪ Co-Responsible for interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems.
▪ Co-Supervises all company contracts and activities to ensure that all applicable laws, rules, regulations, and controls are strictly enforced
▪ Provides immediate and timely response to any problems or concerns proposing viable solutions
▪ Maintains a positive work ethic, constantly striving to create efficiencies while increasing effectiveness in business practices for both AllState and the client ▪ Co-Audits methods, procedures, and operations at specified locations to promote a proactive solutions approach

2.3 Account Representative
AllState prides itself on 24/7/365 availability and responsiveness. The following individual will be available if the Account Manager / Primary POC is unavailable.

Name ................................ ................................ ................................ . Joseph (Joe) Faltas, MBA Title ................................ ................................ ......................... Director of Business Development Phone (Office/Mobile) ................................ ........................... 888-210-7333 x106 / 760-583-7803 Email ................................ ................................ ................................ ......... [email protected] Experience with Cities, Communities, and Public Agencies ................................ .............. 8 years

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 16 Confidential and Proprietary Information

High-level Overview of Experience and Skills
▪ Expert in security guard operations related to schools (grade all levels) and school districts ▪ Co-Responsible for the overall daily operations of AllState’s Security operations in accordance with established company and clients’ policies, procedures, and objectives. ▪ Carries out supervisory responsibilities in accordance with AllState’s and client’s policies and applicable laws.
▪ Co-Responsible for interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems.
▪ Co-Supervises all company contracts and activities to ensure that all applicable laws, rules, regulations, and controls are strictly enforced
▪ Provides immediate and timely response to any problems or concerns proposing viable solutions
▪ Maintains a positive work ethic, constantly striving to create efficiencies while increasing effectiveness in business practices for both AllState and the client ▪ Co-Audits methods, procedures, and operations at specified locations to promote a proactive solutions approach
▪ Performs forecasts and strategy planning

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 17 Confidential and Proprietary Information
3 SECTION III – FEE SCHEDULE

The Fee Schedule is submitted as a separate file in the PlanetBids portal:
“Invicta-AllState-City of Hemet-City Securing Services-Fee Schedule.xlsx”

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
Location Name & Address Days Per Week Stops Per
Day Duration Per Stop Cost Per
Stop
Weekly Cost
Per Location
Brubaker Park – 3707 Mustang Ave 7 Days 2 10 - 15 Minutes $39.00 $546 Mary Henley Park – 801 South Kirby St. 7 Days 2 10 - 15 Minutes $39.00 $546 Gibbel Park – 2500 West Florida Ave. 7 Days 2 10 - 15 Minutes $39.00 $546 Weston Park – 700 East Florida Ave. 7 Days 2 10 - 15 Minutes $39.00 $546 Simpson Park – 28505 Rawlings Rd. 7 Days 2 10 - 15 Minutes $39.00 $546 Corporate Yard – 3777 Industrial Ave. 4 Days Mon-Thurs 2 10 - 15 Minutes $39.00 $312 Corporate Yard – 3777 Industrial Ave. 3 Days Fri-Sun 3 10 - 15 Minutes $39.00 $351 Public Library – 300 E. Latham Ave. 7 3 10 - 15 Minutes $39.00 $819 $4,212
Standing Guard at Public Library
Location Name & Address Days Per Week Hours per
Day Number of Guards Cost Per
Hour
Weekly Cost
Per Location
Public Library – 300 E. Latham Ave. 4 9 1 $33.50 $1,206 Total Weekly Cost $5,418
est. Total Monthly Cost $21,672
Total Annual Cost (wk.*52) $281,736
Patrol Service (Vehicular and Foot Inspection)
Total Patrol Service
Security Guard Service (Public Library)
Holidays are Factored into Cost per Hit
Federal Holidays Billed at 1.5x
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 1 of 2

15.D

CITY OF HEMET PARKS DIVISION

CITY SECURING AND INSPECTION SERVICES
March 21, 2023 Invicta Security CA Corporation dba AllState Security Page 2 of 2

15.D

1 City Park
Securing Services

To: City of Hemet
445 E. Florida Ave
Hemet, CA 92543

City Securing Services
3/20/2023

Submitted by:

Public Protective Services
Kevin Bell
(888)424-0640 Ext 1
[email protected]
PO BOX 4727
Long Beach, CA 90804
PPO 16037

15.D

2 Thank you for the opportunity and privilege to provide you with a proposal for Security Services offered by Public Protective Services. PPS prides itself as one of the leaders in the Private Safety industry. We provide the latest technology and equipment allowing us to give our clients the best service possible on and off-site.

Our company is fully licensed and insured. All officers are trained beyond what is required by the state of California and all officers are licensed by the state of California.

All officers go through an extensive hiring process which includes written exam, two interviews, background checks and pre-employment drug screening.

Public Protective Services shall provide all management, training, supervision, manpower, material, supplies, and equipment (except as otherwise noted in agreement), and shall plan, schedule, coordinate, and assure effective performance of all services described herein. All of the following rates include Federal and State taxes, unemployment, workers compensation and liability insurances, training, turnover costs, recruiting, criminal records check, drug testing, uniforms, personnel costs, as well as all other management and supervisory costs.

Thanks for the opportunity PATROL DIVISION

Contact and Authorized Person: Kevin Bell

RFP: City Securing Services
Public Protective Services, Inc.

PO Box 4727
Long Beach, CA 90804
888-424-0640 Ext 1
Kevin Bell – Operations Manager
[email protected]
1

15.D

3 Public Protective Services will provide properly trained officers.

Our patrol officers will regularly patrol and monitor all park locations, check the parks restrooms and exterior of buildings for vandalism or other unusual conditions.

Patrol vehicles are equipped with mobile computer/ tablets which will be used for each officer to complete Activity / Patrol Reports for each shift work. System also has maintenance reports for reporting damage/ maintenance problems that will be emailed daily.

PPS has a supervisor on patrol each shift who can respond when requested.

If any Insurance currently is not meeting requirements it can be updated to meet all requirements if awarded.

All officers assigned to this patrol assignment will be fully trained on assignment procedure and will have to complete locations field training with the operations manager and or field training officer.

Public Protective Services has advanced classroom and field training programs.

At Public Protective Services, we have our own in-house training program. Every applicant is required to attend a pre-assignment training session prior to employment. Training is conducted each week in our own classroom and consists of hours of lectures by our Executives and managers including the President. We use only a few training videos to magnify certain points. The curriculum is comprised of the following subjects:

Administrative and Security Orientation
Legal Authority
Authority of the Security Officer
Elements and Mechanics of Arrest
Rules of Evidence
Search and Seizure
Protection of the Crime Scene
Courtroom Procedures
Self-defense
Company Policy and Procedures
Public Relations
Report Writing
Method of Patrol
First Aid
Communications
Fire Prevention
Defensive Driving
Uniforms and Equipment
CPR Certified (if required by contract)

RFP: City Securing Services
Public Protective Services, Inc.

PO Box 4727
Long Beach, CA 90804
888-424-0640 Ext 1
Kevin Bell – Operations Manager
[email protected]

15.D

4 Our goal is to hire patrol officers with some type of law enforcement background or having over 4 years of security/ patrol experience.

Once the applicant has completed the entry level training, the results of his/her final examination will determine whether or not he/she will be hired. When he/she does become an employee, his performance is continually monitored and evaluated.

Ongoing training is also needed by personnel to develop additional skills, to acquire added knowledge, and to guard against complacency in job performance. Periodically, Public Protective Services supervisors utilize "Training Task Sheets" to test the officers on their knowledge and execution of a specific duty. "Training Keys" dealing with a specific subject are routinely provided to all officers.

All patrol vehicles are clearly marked and equipped with two-way radio system to connect with our dispatch center along with on board computer system that connects with our dispatch center and light bar. All officers must provide an updated driving record upon employment and every 6 months. Each mobile computer / laptop is equipped with GPS for our dispatch center to be able to see where our patrol units are located.

Each officer will also be equipped with a portable two-way radio to be able to use while on foot patrols in case an emergency or would need dispatch to contact police, fire or medical.

All officers will be required to have and carry all needed equipment while on duty and all officers will have all needed training and state licenses for all equipment he/ she will carry on duty.

All officers will be provided all needed uniforms and outdoor gear for assignment.

Due to this being a newly full time account the officers below have other assignment the Below officers except Kevin Bell will cover assignment until newly trained permanent patrol officers are assigned.

Below officer’s resume will be provided if awarded along with new patrol officers.

Kevin Bell – Former Law Enforcement - Operations Manager for project/ Patrol Supervisor

Andre Hadden – Former Law Enforcement - Patrol Officer

Mauricio Jimenez – State and extended training – Patrol Officer

Public Protective Services Patrol was started in 2007. Public Protective Services is a local full service private patrol company. We remain a medium size security company by choice to better service our clients. Public Protective Services has a management support staff that would rival a company with double the number of security officers. Our corporate headquarters is within Los Angeles County, allowing the President of the company and top-level managers to be immediately available to answer client concerns and resolve problems as they occur.

It is an often quoted that the fundamental key to our business success is our effective and creative management. Through policies and procedures, staff managers must have the ability to lead and formulate a company environment where each employee's internal motivation can flourish.

Management understands that in order to provide total quality service to and all of our clients, we must provide total quality support to our employees.

15.D

5 As a service organization, our personnel are well trained, supervised and specifically selected for each client. A challenge to all of us, and one that is met successfully each day.

Our company enjoys an excellent reputation throughout California. We are very proud of all our clients and will be delighted to add the City of Hemet to that list.

Our goal is to hire patrol officers with some type of law enforcement background or having over 4 years of security/ patrol experience.

Once the applicant has completed the entry level training, the results of his/her final examination will determine whether or not he/she will be hired. When he/she does become an employee, his performance is continually monitored and evaluated.

Ongoing training is also needed by personnel to develop additional skills, to acquire added knowledge, and to guard against complacency in job performance. Periodically, Public Protective Services supervisors utilize "Training Task Sheets" to test the officers on their knowledge and execution of a specific duty. "Training Keys" dealing with a specific subject are routinely provided to all officers.

Kevin Bell – Operations Manager – Authorized person to receive notices and make decisions.

Federal ID – Available upon request
Fully Insured – Certification Available upon request

RFP: City Securing Services
Public Protective Services, Inc.

PO Box 4727
Long Beach, CA 90804
888-424-0640 Ext 1
Kevin Bell – Operations Manager
[email protected]

15.D

6 Compensation

The following rate includes Federal and State taxes, unemployment, workers compensation and liability insurances, training, turnover costs, recruiting, criminal records check, drug testing, uniforms, personnel costs, patrol vehicle, fuel and maintenance costs as well as all other management and supervisory costs.

Parks and Corporate Yard Patrol Rates

Patrol Rate: $13.00 per visit per park

Holiday Patrol Rate: $19.50 per visit per park

Public Library On-Site & Patrol Rates

Security On-Site Officer Rate: $26.00 per hour

Library Patrol Rate: $13.00 per visit

Holiday Patrol Rate: $19.50 per visit per park

RFP: City Securing Services
Public Protective Services, Inc.

PO Box 4727
Long Beach, CA 90804
888-424-0640 Ext 1
Kevin Bell – Operations Manager
[email protected]

15.D

1 City Park
Securing Services

To: City of Hemet
445 E. Florida Ave
Hemet, CA 92543

City Securing Services
3/20/2023

Submitted by:

Public Protective Services
Kevin Bell
(888)424-0640 Ext 1
[email protected]
PO BOX 4727
Long Beach, CA 90804
PPO 16037

15.D

2 Compensation

The following rate includes Federal and State taxes, unemployment, workers compensation and liability insurances, training, turnover costs, recruiting, criminal records check, drug testing, uniforms, personnel costs, patrol vehicle, fuel and maintenance costs as well as all other management and supervisory costs.

Parks and Corporate Yard Patrol Rates

Patrol Rate: $13.00 per visit per park

Holiday Patrol Rate: $19.50 per visit per park

Public Library On-Site & Patrol Rates

Security On-Site Officer Rate: $26.00 per hour

Library Patrol Rate: $13.00 per visit

Holiday Patrol Rate: $19.50 per visit per park

RFP: City Securing Services
Public Protective Services, Inc.

PO Box 4727
Long Beach, CA 90804
888-424-0640 Ext 1
Kevin Bell – Operations Manager
[email protected]

15.D

City of Hemet
City of Hemet
Frank Mccall
Area Business Development Manager
[email protected] | 619-214-4919
We Help Make Your
World a Safer Place

15.D

CONFIDENTIALITY STATEMENT

This entire proposal is considered confidential information by Securitas Security Services USA, Inc. and may not be distributed, in whole or in part, to any person, firm or corporation outside of City of Hemet. In addition, this proposal may be distributed only to those employees or affiliates within City of Hemet who have direct responsibility for the proposal/decision-making process.

15.D

An immersive experience
Keeping your property secure is our
expertise. Your confidence in your site’s
security is what drives Mobile Guarding.

Our specialized Officers, world-class
technology and service transparency let
you see, and feel, what an intelligent
protective services program is all about.

“Our purpose answers the question why.

Why does Securitas exist? Why do we get up in
the morning and – with pride – put on the
uniform? Our purpose influences how we shape
our strategy and how we behave. Our purpose
unites us. Our purpose comes down to who we
are and what we want to achieve.”
Magnus Ahlqvist, President and CEO of Securitas AB

The market leader
Securitas Mobile Guarding is the largest on-
demand and proactive patrol provider in
North America, providing millions of service
calls annually in a fully sustainable fleet with
100% digitized activity.

We Help Make Your World a Safer Place

15.D

March 20, 2023

City of Hemet
City of Hemet
City of Hemet

Subject: Securitas Mobile Guarding Service Proposal

Dear City of Hemet,

Thank you for allowing Securitas to present our proposal to address your security concerns.

Our expertise includes preventative site inspection tours and incident/alarm response, along with security solutions that combine video surveillance technology with live Remote Guarding services and Mobile Guarding response. Security solutions are comprehensively customized to address each client’s specific needs.

We recognize that synergistic relationships with our clients are crucial to delivering effective security services, so our goal is to build solid partnerships with each client. We do this through our client- centered approach, supported by service quality, advanced management systems and cost- effective pricing.

We welcome the opportunity to assist with City of Hemet’s security program and look forward to the next steps in your process.

Respectfully,

Frank Mccall, Area Business Development Manager
Securitas Mobile Guarding
[email protected] | 619-214-4919

15.D

The Power of Presence
#1 Mobile Guarding Footprint in North America

86 US
Branches
90%
Major
Markets
Covered
24 Canadian
Branches
1 Dedicated
District Manager
in each local
Market

15.D

Securitas Mobile Core Services

Patrol Inspections
Patrol Inspections by Mobile Officers are a cost-effective solution where your property is checked at random yet regimented times. Inspections are performed by licensed professional Officers who are highly trained in detecting suspicious activity and deterring crime. Mobile Officers drive well- identified Securitas vehicles and complete a detailed incident report for each inspection.

Local Securitas management works with each client to develop customized procedures and determine the most effective frequency and service time window for their unique situations.

Alarm Response
Securitas Mobile Guarding offers 24/7 alarm response services across the United States and Canada.

Securitas Mobile Officers are specially trained in handling emergency situations to minimize impact. When your alarm system is triggered, a Mobile Officer is dispatched to your facility to investigate. The Officer will assess the situation and determine the best course of action (e.g. contact your representative, maintenance personnel, local law enforcement or emergency services.)

Our 24/7 alarm dispatch capabilities are available whether your alarm system is provided and monitored by Securitas or another vendor. When your alarm system is triggered, our National Communications Center (NCC) receive s the call and dispatch es the nearest Securitas Mobile Officer.

First Line Maintenance (FLM)
Securitas Mobile Guarding delivers specialty and FLM services that help our clients to better - manage their operations, and save time, worry and money.

Our specialty services are numerous. For example, FLM services are performed on thousands of ATMs across North America, such as resolving paper jams, printer issues, card jams, etc. We perform alarm panel battery replacements, correct system anomalies, and reset alarms after a cleared event. More broadly, s pecialized services also can include temperature or equipment checks and adjustments, and testing/reporting pool water pH levels, etc.

24/7/365 Communication, Dispatch and Operation Center
The Securitas Operations Centers connects our people, technology, and processes, empowering us to use key information to deliver comprehensive security solution s and to take the correct action for our customers 24/7. Through the Securitas Operations Centers , we are able to coordinate our security solutions more efficiently, with greater accuracy and higher levels of system redundancy.

15.D

Dynamic Reporting through MobileVision

MobileVision is our powerful dispatch, communication, operating and management system. This comprehensive software system supports robust operational, reporting, analytical and future- proofed functionalities and allows us to be data-driven.

Using MobileVision metrics, Securitas can work collaboratively with clients to analyze service delivery, identify what is working well and detect where opportunities for improvement exist.

Benefits
• Real-time dispatch, communications and updates directly from the field (automated disposition)
• Response times are recorded and instantly uploaded to your client profile • Tour confirmation data & incident reports are instantly transmitted directly from the field • Triple redundancy reporting including media, GPS, and time-stamped data points Functionalities and Analytics
• Built-in geolocation allows Dispatch to identify location & ETA of Mobile Officers • Allows clear and precise activity volume and performance level reports • Workflow analytics identifies response time issues
• Robust scheduling component with advanced route optimization functionalities • Incident Category notification trends activity surges in any given vertical market • Reports are customizable to what you wish to see

MobileVision Reports & Tools
• Customizable proactive and reactive reports
• API & EDI connection capabilities
• Client dashboard & notification tree customization

231
198
114
85 72 64
41 0
50 100
150
200
250
300
Los
Angeles
Seattle Chicago New
York
City
Miami Atlanta Dallas
Multi-site Performance
15 35 18 21 28 32 17
18 27 29
32 31 29 27
0 5
10 15
20 25
30 35
40 Response Trends

15.D

Securitas Operations Centers

North American Securitas Operations Centers
The Securitas Operations Center s in the United States and in Canada connect our people, technology and processes, enabling us to use key information to deliver comprehensive security solutions and to take the correct action for our customers 24/7. Through the Securitas Operations Centers, we are able to coordinate our security solutions more efficiently, with greater accuracy and higher levels of system redundancy.

Securitas North American operations rely
upon three regional operations centers. For
any event that might compromise processing
at any site center, comprehensive disaster
recovery plans are in place. These plans are
not only a compendium of pr ocedures and
activities designed to restore operations after
a business interruption has occurred, they are
also an ongoing process of planning,
developing, testing, and implementing
recovery methods and procedures to
optimize a rapid recovery from any min or or
major event.

Proactive Security
Information that is gathered and handled in our Securitas Operations Centers allows us to provide our customers with new and improved security solutions. More importantly, we can be much more proactive in our security work, rather than just react to events as they occur.

Our Remote Guarding Officers work around the clock monitoring sites in real-time across North America. The team evaluates and responds to developing situations and acts as a first line of defense to deter and document unwanted or suspicious activity. Their responsibilities are similar to the Post Orders that our Mobile Officers follow while on duty and include established procedures in the areas of entry management, safety breaches, intrusion detection, video tours and emergency response. Remote Guarding Officers often work with On-site and Mobile Officers in the field. Once th ey scan the scene looking for unusual activity and see that something is unfolding, they will call a Mobile Unit or the Officers at the location (depending on client requirements) to follow up on the suspicious activity.

In rural locations, law enforcement may be called instead (if no Mobile Unit or On-site Officers are at the site). Also, with many of our entry management locations, our Remote Guarding Officers conduct a shift change with the On-site Officer. We let the Officer out of the front gate and close it behind him/her.

15.D

Pricing for Securitas Mobile Guarding Services
Security Program – Proactive Patrol Inspections
Patrol Inspections by Securitas Mobile Guarding are a cost-effective solution that allows security Officers to check in on your property at random yet regimented times.

Proactive Patrol Inspections include the following:
• Random yet regimented inspections of designated locations to be performed in the frequency best fitting the Client’s needs.
• Real-time, web-based reporting of all patrol inspection services. Once service is complete, all information is client-accessible through a secure online portal.

Service Frequency Per Inspection Rate Weekly Rate
3707 Mustang Way 2 per night, 7
nights per week $12.00 $168.00
3777 Industrial Ave 2 per night, 7
nights per week $12.00 $168.00
801 S. Kirby St. 2 per night, 7
nights per week $12.00 $168.00
2500 W. Florida Ave. 2 per night, 7
nights per week $12.00 $168.00
700 E. Florida 2 per night, 7
nights per week $12.00 $168.00
28505 Rawlings Rd 2 per night, 7
nights per week $12.00 $168.00

Note: Overtime/Holiday rate may apply for major holidays.

15.D

References for City of Hemet Bid

Katlynne Bissonnette | Vice President | Southern CA Region - Retail Security Manager | Global Security | JPMorgan Chase & Co. | Oceanside, CA | M: 760.607.9662 | [email protected]

15.D

CLIENTPOINT DOWNLOAD RECEIPT
------------------------------------------------------------------- DOWNLOADED: 03-20-2023
CLIENTPOINT ID: 820048

15.D

Pricing for Securitas Mobile Guarding Services
Security Program – Proactive Patrol Inspections
Patrol Inspections by Securitas Mobile Guarding are a cost-effective solution that allows security Officers to check in on your property at random yet regimented times.

Proactive Patrol Inspections include the following:
• Random yet regimented inspections of designated locations to be performed in the frequency best fitting the Client’s needs.
• Real-time, web-based reporting of all patrol inspection services. Once service is complete, all information is client-accessible through a secure online portal.

Service Frequency Per Inspection Rate Weekly Rate
3707 Mustang Way 2 per night, 7
nights per week $12.00 $168.00
3777 Industrial Ave 2 per night, 7
nights per week $12.00 $168.00
801 S. Kirby St. 2 per night, 7
nights per week $12.00 $168.00
2500 W. Florida Ave. 2 per night, 7
nights per week $12.00 $168.00
700 E. Florida 2 per night, 7
nights per week $12.00 $168.00
28505 Rawlings Rd 2 per night, 7
nights per week $12.00 $168.00

Note: Overtime/Holiday rate may apply for major holidays.

15.D

CLIENTPOINT DOWNLOAD RECEIPT
------------------------------------------------------------------- DOWNLOADED: 03-20-2023
CLIENTPOINT ID: 820048

15.D

The 9th Shield Incorporated
27851 Bradley Road, Suite 120
Menifee, CA 92586
PPO LIC #121196
800-571-1758
www.9thshield.com
Rates and Billing
The 9th Shield Incorporated agrees to provide, during the terms of the agreement, the following Vendor Services:

Unarmed Uniformed Security/Patrol Officer: Dusk to dawn, 2 patrols per night, per park, 7 days a week, including holidays at the following locations:

Brubaker Park – 3707 Mustang Avenue
Mary Henley Park – 801 South Kirby Street
Gibbel Park – 2500 West Florida Avenue
Weston Park – 700 East Florida Avenue
Simpson Park – 28505 Rawlings Road
Corporate Yard – 3777 Industrial Avenue
Public Library – 300 East Latham Avenue
Simpson Center – 305 East Devonshire Avenue
Scope of Work: Vendor will stay within the parameters outlined in Section IV/4.1-4.4 of the RFP for City Securing Services.

Patrol Rates: Client will be billed as follows:

Brubaker Park – 3707 Mustang Avenue $600.00
Mary Henley Park – 801 South Kirby Street $600.00
Gibbel Park – 2500 West Florida Avenue $600.00
Weston Park – 700 East Florida Avenue $600.00
Simpson Park – 28505 Rawlings Road $600.00
Corporate Yard – 3777 Industrial Avenue $500.00
Public Library – 300 East Latham Avenue No Charge
Simpson Center – 305 East Devonshire Avenue No Charge
Standing Guard Rates: Hemet Public Library will be billed $35.00 per hour per guard during normal business hours.

15.D

The9thShieldIncorporatedPPOLIC#121196CitySecuringServicesRFP

15.D

The9”‘ShieldIncorporated
TableofContents
CoverLetterProfessionalExperienceOfficersAssignedToDetailReferencesRatesandBillingPrivatePatrolOperatorLicenseCityofHemetBusinessLicense

15.D

The9”‘ShieldIncorporated27851BradleyRoad,Suite120Menifee,CA92586PPOLIC#121196800-571-1758www.9thshield.comMarch21,2023 RE:RFP-CitySecuringServicesToWhomItMayConcern:The9”‘Shieldthanksyouinadvancefortheopportunitytoearnyourbusiness.Weareaprofessionallicensedarmed/unarmedprotectionandinvestigationagency.Ourmanagementteamhasover100yearsofcombinedexperienceintheprotectionandinvestigationfield.Wearemindfulofthecostofprofessionalservicesandalwaysattempttouseprofessionalswhoarebestsuitedtoattainthedesiredresultsforourclients.Welookforwardtoalongworkingrelationshipwithyouonthisassignment.RespectfullySubmitted, PresidentThe9”‘[email protected]

15.D

Company:The9thShieldIncorporatedPresident:IustinMetoyer— [email protected](951)557-0303PPOLIC#121196 Mr.Metoyerisaninnovativeprofessionalwithover25years’experiencedirectingandsupervisinglargeandclose-personalprivateprotectioninthesecurityindustry.Hehasworkedatthemanagementlevelforseveralsecurityandinvestigationcompanies,mostrecentlyOperationsManagerpromotingtoVicePresident,beforestartinghisowncompanyin2020calledThe9”‘ShieldIncorporated.HeholdsaPPOandCCWinCalifornia,andisanexperiencedK9handler,inbothNarcoticsandBombDetection.Mr.MetoyerwasaLieutenantoverseeingArmedPatrolforLosAngelesUnifiedSchoolDistrict/GreenDotCharterSchoolsSafePassageProgramforover5years.Heisanexpertinspecialevents,highprofileclientele,estateprotection,surveillance,counterintelligence,workplaceviolencesuppression,hostileterminations,andassettransportation.Mr.MetoyerrecentlybecameaV olunteerfortheMenifeePoliceDepartment.Hestartedhiscompanytohonorhisfather,whoservedasaPoliceOfficerfortheCityofHemet.Mr.Metoyerhasalsoproudlyservedfor3yearsasaHemetPoliceDepartmentV olunteerinchargeofthePatrolDivisionandCallOutTeam.Hefeelsthisisanimportantwaytohonorhisfatherandgivebacktothecommunity.

15.D

The9”‘ShieldIncorporated27851BradleyRoad,Suite120Menifee,CA92586PPOLIC#121196800-571-1758www.9thshield.com TeamAssignedToDetailIustinMetoyer ElliottMetoyerPresident [email protected]@9thshield.com951-557-0303951-663-2136KellyHammond PeterBalestrieriController—InV [email protected]@9thshield.com951-970-3411619-889-6353TimothyDeBo1t AdamNunezPatrolSupervisor-CorporalPatrolSupervisor-Corporaladmin@[email protected]

15.D

The9”‘ShieldIncorporated27851BradleyRoad,Suite120Menifee,CA92586PPOLIC#121196800-571-1758www.9thshield.comReferences Rosenthal&ExcellCRESContractDates:March01,2023toFebruary28,2024(contractrenewsyearly).Weprovidearmedandunarmeddayandnightsecuritypatrolsatmultipleproperties.Weperforminterior/exteriorfootpatrolsofproperties,removingalltrespassers,makingsurethebuildingsaresecureandcall911whennecessary.Patrolofficerareinconstantcontactwithourdispatchersforofficersafety.Dispatchersarealsoresponsibleformakingsureeachsiteispatrolledaccordingtocontractrequirements.Dailywrittenreportsandphotosprovidedtotheclient.Additionalservicesprovideduponrequest.HowardRosenthal—Rosenthal&ExcellCRES,1600EFloridaAvenue,Suite110,Hemet,CA92544—(951)658-2559—howard@rosenthalexcell.comHemetUnifiedSchoolDistrictContractDates:July1,2022tolune30,2023(contractrenewsyearly).WeprovideUnarmedSecurity/PatrolandDispatchServicesbetweenthehoursof1800-0700,7daysaweek,includingholidays.Providevehicleandfootpatrolsatapproximately30schoolsitesanddistrictoffices.Ourpatrolofficersrespondtoallalarmcalls,removetrespassers,secureexteriorgatesanddoors,andcall911whennecessary.Dispatchersmonitorapproximately150cameraslocatedatmultipleschoolsites,maintainconstantradiocontactwithpatrolofficerswhileonsiteforofficersafety,andcall911whennecessary.Dispatchersarealsoresponsibleformakingsureeachsiteispatrolledaccordingtocontractrequirements.Dailywrittenreportsandphotosprovidedtotheclient.Additionalservicesprovideduponrequest.LyleRadford—DirectorofDistrictSecurity,1791WAcaciaAve.,Hemet,CA92543—(951)[email protected]

15.D

Valley-WideRecreation&ParksDistrictContractsDates:January17,2023toIanuary16,2024(contractrenewsyearly).Provide3-ArmedSecurity/PatrolServicespernightbetweenduskanddawn,7daysperweek,includingholidays,at10Valley-WidepropertiesinHemet,SanIacinto,MenifeeandMurrieta.Ourpatrolofficersrespondtoalarmcalls,removetrespassers,secureexteriorgates,doorsandwindows,andcall911whennecessary.Patrolofficerareinconstantcontactwithourdispatchersforofficersafety.Dispatchersarealsoresponsibleformakingsureeachsiteispatrolledaccordingtocontractrequirements.Otherservicesinclude,butarenotlimitedto:overnightassetprotection,firewatchservices,alarmresponseandarmedguardspecialrequests.Writtenreportsandpicturesareprovidedtotheclientdailyforall10properties.IamesEdwards—FacilitiesSuperintendent-901W.EsplanadeAve.,SanIacinto,CA92582—(951)[email protected]

15.D

The9”‘ShieldIncorporated27851BradleyRoad,Suite120Menifee,CA92586PPOLIC#121196800-571-1758www.9thshield.comRatesandBillingThe9”‘ShieldIncorporatedagreestoprovide,duringthetermsoftheagreement,thefollowingVendorServices:UnarmedUniformedSecurity/PatrolOf?cer:Dusktodawn,2patrolspernight,perpark,7daysaweek,includingholidaysatthefollowinglocations:BrubakerPark— 3707MustangAvenueMaryHenleyPark— 801SouthKirbyStreetGibbelPark— 2500WestFloridaAvenueWestonPark— 700EastFloridaAvenueSimpsonPark— 28505RawlingsRoadCorporateYard— 3777IndustrialAvenuePublicLibrary— 300EastLathamAvenueSimpsonCenter— 305EastDevonshireAvenueScopeofWork:VendorwillstaywithintheparametersoutlinedinSectionIV/4.1-4.4oftheRFPforCitySecuringServices.PatrolRates:Clientwillbebilledasfollows:BrubakerPark— 3707MustangAvenue$600.00MaryHenleyPark— 801SouthKirbyStreet$600.00GibbelPark— 2500WestFloridaAvenue$600.00WestonPark— 700EastFloridaAvenue$600.00SimpsonPark— 28505RawlingsRoad $600.00CorporateYard— 3777IndustrialAvenue$500.00PublicLibrary— 300EastLathamAvenueNoChargeSimpsonCenter— 305EastDevonshireAvenueNoChargeStandingGuardRates:HemetPublicLibrarywillbebilled$35.00perhourperguardduringnormalbusinesshours.

15.D

BureauofSecurityandilnyestigativeServices, .‘>» .““’s,'$1 -~ .4‘\sY AYlcFcALIrolINiA\. _‘v4 Priva‘te’7Pi‘gt£oli?perator

DEPARTMENTOFCONSUMERAFFAIRS
LicenseNo.PPO121196IssueDate:06/11/2021ValidUntil:06/30/2023THE9THSHIELDINCORPORATED27560JEFFERSONA VE#196TEMECULA,CA925902672 TheaboveislicensedasaCorporationwiththeStateofCaliforniaBureauofSecurityandInvestigativeServices.CEO-JUSTINMETOYERCFO-JUSTlNMETOYERQuali?edManager-JUSTINMETOYERSecretary-JUSTINMETOYER PLACERENEW ALHEREValidUntil:06/30/2023 ReceiptNo.8330ThisOriginalLicensemustbekeptforthelifeofthelicenseandpostedinPublicView.TheabovenamedisalicensedPrivatePatrolOperatorintheStateofCalifornia,subjecttothe?lingforrenewalandthepaymentofthestatutoryfeebytheexpirationdate.Thelicenseisissuedpursuantto.andcontinuesineffectsubjecttocompliancewith,theprovisionsofChapter11.5ofDivision3oftheBusinessandProfessionsCodeoftheStateofCalifornia,andtheRulesandRegulationsestablishedthereunder,andtheabovenamedlicenseeisdulyauthorizedundersaidChapter:DepartmentofConsumerAffairsBureauofSecurityandinvestigativeServicesP.O.Box989002WestSacramento,CA95798-9002(916)322-4000 - - -POSTINPUBLICVIEW---
1204CERT04L110216

15.D

CITYOFHEMET445EFLORIDAA VENUE-HEMETCA92543(951)765-2358BusinessLicenseABusinessLicensedoesnotpermitbusinessotherwiseprohibited.Thepaymentofabusinesslicenseisafeerequiredbytheprovisionsof_theHemetMunicipalCode.anditsacceptancebythecityandtheissuanceofabusinesslicensetoanypersonshallnotentitletheholderthereoftocarryonanybusinessunlesshehascompliedwithalltherequirementsofsaidcodeandallotherapplicablelaws,nortocarryonanybusinessinanybuildingoronanypremisesdesignatedinsuchbusineslicenseintheeventsuchbuildingoripremisesaresituatedinazone.orlocalityinwhichtheconductofsuchbusinessisaviolationofanylaw.Thelicenseisissuedwithoutveri?cationthatthelicenseeissubjecttoorexemptfromlicensingbytheStateofCalifornia.BusinessLOCATIONLicenseNUMBERLicenseYEARTHE9THSHIELDINCORPORATED47930— . 2°2327851BRADLEYRD.STE120 _
A .

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MENIFEE.CA92586; _ FEESPAID-
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EXPIRATIONone
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, 12/31/2023BUSINESSMAILINGADDRESS
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2 SECURITYGUARDSERVICESTHE9THSHIELDINCORPORATED27851BRADLEYRD,STE120MENIFEE,CA92586

15.D

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 13 2023
Department: City Council
Submitted by: Mark Prestwich, City Manager
Kathye Caines, Senior Librarian;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute Amendment No. 1 in the amount of $234,571 to the City of Hemet Agreement with SirsiDynix for Proprietary Library Automation Services for an Additional Seven Year Term.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute Amendment No. 1 to the City of Hemet Agreemen t with SirsiDynix for Proprietary Library Automation Services for an Additional Seven Year Term.

BACKGROUND:

In 1996, the Hemet Public Library contracted with Dynix, a library automation provider to provide a public library catalog, cataloging, and circ ulation services. Over the years, the Hemet Public Library migrated to Horizon, our current module and Dynix became SirsiDynix. The City has had great success with SirsiDynix, enhancing our customer's library experience. In 2018 City Council entered into a five year agreement with SirsiDynix which limited annual cost increases to 2.9%. This contract expires in August 2023. SirsiDynix provides customized products and support and is continuing to enhance their product annually.

ANALYSIS:

With the contract expiration date approaching, SirsiDynix provided the City with three renewal options.

Option 1 included an annual year-to-year contract option with annual five percent increases. Options 2 and 3 provided five and seven year extension options with a fixed annually increase of 3.9%. The fixed term options are anticipated to be less expensive over time vs. the annual year-to-year renewal option.

Attachment 1 to this report includes a contrast in cost between the options available.

15.E

Because the City's experience with the SirsiDynix product has been reliable, familiar and staff is pleased with the product, it is recommended the City pursue the seven-year contract extension with the fixed 3.9% annual increase to reduce long-term costs.

DISCUSSION:

By agreeing to a long term maintenance contract, the City and the Hemet Public Library stabilizes rising maintenance costs for the Library Automation system by holding SirsiDynix to a 3.9% annual increase instead of yearly increases of 5% or more based on the consumer price index (CPI).

PREVIOUS COUNCIL ACTION:

On October 9, 2018, Council approved a 5 year maintenance contract with SirsiDynix, saving the City $28,426.12.

STRATEGIC PLAN INTEGRATION:

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

This contract is funded by General Fund. Software maintenance costs for SirsiDynix are included in the Library's operational budget (Account 110-6100-2265) and would be updated annually for agreed upon cost increases.

ALTERNATIVE(S):

Should the City Council choose not to approve a long-term extension seven years (or the shorter five- year term), the Library can continue to work with SirsiDynix on a year-to-year contract basis with annual increases of approximately 5%.

ATTACHMENT(S):

Attachment 1: SirsiDynix 5 or 7 maintenance plan
Attachment 2: SirsiDynix sole source letters 2023
Attachment 5: SirsiDynix Long Term 7 year Maintenance Resolution 2023 Attachment 6: 2023-Apr-5 Hemet Public Library 7 Year Master Agreement UNSIGNED

15.E

15.E

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15.E

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Re:ThisletteristoconfirmthatSirsiCorporationd/b/aSirsiDynix("SirsiDynix")isthedeveloperand/orsolesourceproviderforallSirsiDynixsoftwareandspecializedservices.TheSirsiDynixHORIZONintegratedlibrarysystem("HORIZON")productwasdevelopedatprivateexpensebySirsiDynix.HORIZONisaproprietarysoftwareproductthatisonlyavailablefromSirsiDynixandSirsiDynixretainstheexclusivetrademark,copyright,tradesecretand/orpatentrightstotheHORIZONsoftware.TheHORIZONsoftwareisprovidedonlytothoseusersthathavesignedalicensingagreement,thereinagreeingtoprotecttheconfidentialityoftheproprietaryinformationandtradesecretsofSimiOynix'HORIZONsoftware.SirsiDynixhassoleknowledgeofthedevelopmentofthesoftwareandcertainconfigurationrequirementsthatareexclusivetotheHORIZONsoftware.Consequently,onlySirsiDynixisabletosellandmaintainthesoftwareaswellascontinuetomakefurtherenhancementsintheHORIZONsoftware.SirsiDynixisthelibraryautomationvendorfortheLibrarypursuanttoanagreementthathasbeensignedbybothparties.Assuch,SirsiDynixprovidesmaintenanceandsupportforthecompletesystemforthelibrary.Assoftwareisaddedtothesystem,SirsiDynixrequiresthatthelibrarysoftwareandspecializedservicesbepurchaseddirectlyfromSirsiDynixinordertoensurecontinuedsupportandcompatibilityofthenewsoftwarewiththeexistingsystem.Datethis“2_Zday 2013 ?wznr-Sca/tWorthingtonGeneralCounsel,SirsiDynixSubscribedandsworntobeforemethis_’kl’dayofJ2013oy‘ScottWorthingtonCOUNTYOFUTAH)§STATEOFUTAH) Kpovhzv-ka.rP-——i,clawPuhucStateofUtah NotaryPublic0"} 3300N.AshtonBlvd—Ste5000Lehi.UT84043Phone:800-288-80200LegalFax:801-223-5561

15.E

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DANIKASNYDERN?(a(yPuhllcStat:ofum:MycommissionExpireson:January14.2024oamm.Number:710042 cur‘oiary
2023SOLESOURCEAFFIDA VITRe:ThisletteristoconfirmthatSirsiCorporationd/b/aSirsiDynix("SirsiDynix")isthedeveloperand/orsolesourceproviderforallSirsiDynixsoftwareandspecializedservices.TheSirsiDynixENTERPRISE("ENTERPRISE")productwasdevelopedatprivateexpensebySirsiDynix.ENTERPRISEisaproprietarysoftwareproductthatisonlyavailablefromSirsiDynixandSirsiDynixretainstheexclusivetrademark,copyright,tradesecretand/orpatentrightstotheENTERPRISEsoftware.TheENTERPRISEsoftwareisprovidedonlytothoseusersthathavesignedalicensingagreement,thereinagreeingtoprotecttheconfidentialityoftheproprietaryinformationandtradesecretsofSirsiDynix‘ENTERPRISEsoftware.SirsiDynixhassoleknowledgeofthedevelopmentofthesoftwareandcertaincon?gurationrequirementsthatareexclusivetotheENTERPRISEsoftware.Consequently,onlySirsiDynixisableto‘sellandmaintainthesoftwareaswellascontinuetomakefurtherenhancementsintheENTERPRISEsoftware.SirsiDynixisthelibraryautomationvendorfortheLibrarypursuanttoanagreementthathasbeensignedbybothparties.Assuch,SirsiDynixprovidesmaintenanceandsupportforthecompletesystemforthe‘library.Assoftwareisaddedtothesystem,SirsiDynixrequiresthatthelibrarysoftwareandspecializedservicesbepurchaseddirectlyfromSirsiDynixinordertoensurecontinuedsupportandcompatibilityofthenewsoftwarewiththeexistingsystem.Datethis7,_7dayof_)_M,“,_£?_,202:7 ?évfrbnK‘I ScottWdithingtonGeneralCounsel,SirsiDynixSubscribedandsworntobeforemethis1_o1’dayof,20g?byScottWorthingtonCOUNTYOFUTAHSTATEOFUTAH) Public 3300N.AshtonBlvd— Ste5000Lehi.UT84043Phone:800-288-8020LegalFax:801-223-5561

15.E

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DANIKASNYDERNotaryPublicstateofuuhMyCommlsslunExpireson:zanuanyx-1,2024Comm.Number:one:
2023SOLESOURCEAFFIDA VIT
Re:ThisletteristoconfirmthatSirsiCorporationd/b/aSirsiDynix("SirsiDynix")isthedeveloperand/orsolesourceproviderforallSirsiDynixsoftwareandspecializedservices.TheSirsiDynixSYMPHONYSIP2INTERFACEPERCERTIFIEDVENDOR("SIP2")productwasdevelopedatprivateexpensebySirsiDynix.SIP2isaproprietarysoftwareproductthatisonlyavailablefromSirsiDynixandSirsiDynixretainstheexclusivetrademark,copyright,tradesecretand/orpatentrightstotheSIP2software.TheSIP2softwareisprovidedonlytothoseusersthathavesignedalicensingagreement,thereinagreeingtoprotecttheconfidentialityoftheproprietaryinformationandtradesecretsofSirsiDynix’SIP2software.SirsiDynixhassoleknowledgeofthedevelopmentofthesoftwareandcertainconfigurationrequirementsthatareexclusivetotheSIP2software.Consequently,onlySirsiDynixisabletosellandmaintainthesoftwareaswellascontinuetomakefurtherenhancementsintheSIP2software.SirsiDynixisthelibraryautomationvendorfortheLibrarypursuanttoanagreementthathasbeensignedbybothparties.Assuch,SirsiDynixprovidesmaintenanceandsupportforthecompletesystemforthe.library.Assoftwareisaddedtothesystem,SirsiDynixrequiresthatthelibrarysoftwareandspecializedservicesbepurchaseddirectlyfromSirsiDynixinordertoensurecontinuedsupportandcompatibilityofthenewsoftwarewiththeexistingsystem.Datethis?day 2073 viytriqK‘ScotfsworthingtonGeneralCounsel,SirsiDynixSubscribedandsworntobeforemethis1_4’day207_._7;byScottWorthingtonCOUNTYOFUTAH)STATEOFUTAH) NotaryPublic 3300N.AshtonBlvd-Ste500Lehi,UT84043Phone:800-288-8020LegalFax:801-223-5561

15.E

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DANIKASNYDERNotaryPublicS!-tnorCnmmlnlonlxnmnJnnunryll,umOomm.Numhov:710042 2023SOLESOURCEITRe:ThisletteristoconfirmthatSirsiCorporationd/b/aSirsiDynix("SirsiDynix")isthedeveloperand/orsolesourceproviderforallSirsiDynixsoftwareandspecializedservices.TheSirsiDynixUniversalAdmin,Cataloging,Circulation,Acquisitions,Serials,MobileCirc,Analytics,eResouceCentral,GlobalVendorAccess,GlobalTitleLists,CommunityFundedServices,Enterprise,Portfolio,BLUEcloudPAC,SocialLibrary,BLUEcloudMobile,BookMyne,andBookMyne+("BLUECLOUDPRODUCTS")productsweredevelopedatprivateexpensebySirsiDynix.BLUECLOUDPRODUCTSareproprietarysoftwareproductsthatareonlyavailablefromSirsiDynixandSirsiDynixretainstheexclusivetrademark,copyright,tradesecretand/orpatentrightstotheBLUECLOUDPRODUCTS.TheBLUECLOUDPRODUCTSareprovidedonlytothoseusersthathavesignedalicensingagreement,thereinagreeingtoprotecttheconfidentialityoftheproprietaryinformationandtradesecretsofSirsiDynix’BLUECLOUDPRODUCTS.SirsiDynixhassoleknowledgeofthedevelopmentofthesoftwareandcertainconfigurationrequirementsthatareexclusivetotheBLUECLOUDPRODUCTS.Consequently,onlySirsiDynixisabletosellandmaintainthesoftwareaswellascontinuetomakefurtherenhancementsintheBLUECLOUDPRODUCTS.SirsiDynixisthelibraryautomationvendorfortheLibrarypursuantto‘anagreementthathasbeensignedbybothparties.Assuch,SirsiDynixprovidesmaintenanceandsupportforthecompletesystemforthelibrary.Assoftwareisaddedtothesystem,SirsiDynixrequiresthatthelibrarysoftwareandspecializedservicesbepurchaseddirectlyfromSirsiDynixinordertoensurecontinuedsupportandcompatibilityofthenewsoftwarewiththeexistingsystem.Datethis7_-1dayofJavvuli,2033 ScottGeneralCounsel,SirsiDynixSubscribedandsworntobeforemethisEdayof,20?byScottWorthingtonCOUNTYOFUTAH)§STATEOFUTAH) “Mon Public 3300N.AshtonBlvd—Sle5000Lehl,UT84043Phone:800-288-80200LegalFax:801-223-5561

15.E

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DANIKASNYDERNannyPIIDIIEStateofUllKyCommlslhmIXFIMSon:JinulvyI4,1014ramm.Number:710042 2023SOLESOURCEAFFIDA VITRe:ThisletteristoconfirmthatSirsiCorporationd/b/aSirsiDynix("SirsiDynix")isthedeveloperand/orsolesourceproviderforallSirsiDynixsoftwareandspecializedservices.TheSirsiDynixCloudSource("Cloudsource")productwasdevelopedatprivateexpensebySirsiDynix.CloudSourceisaproprietarysoftwareproductthatisonlyavailablefromSirsiDynixandSirsiDynixretainstheexclusivetrademark,copyright,tradesecretand/orpatentrightstotheCloudSourcesoftware.TheCloudSourcesoftwareisprovidedonlytothoseusersthathavesignedalicensingagreement,thereinagreeingtoprotectthecon?dentialityoftheproprietaryinformationandtradesecretsofSirsiDynix‘CloudSourcesoftware.SirsiDynixhassoleknowledgeofthedevelopmentofthesoftwareandcertainconfigurationrequirementsthatareexclusivetotheCloudSourcesoftware.Consequently,onlySirsiDynixisabletosellandmaintainthesoftwareaswellascontinuetomakefurtherenhancementsintheCloudSourcesoftware.SirsiDynixisthelibraryautomationvendorforthelibrarypursuanttoanagreementthathasbeensignedbybothparties.Assuch,SirsiDynixprovidesmaintenanceandsupportforthecompletesystemforthelibrary.Assoftwareisaddedtothesystem,SirsiDynixrequiresthatthelibrarysoftwareandspecializedservicesbepurchaseddirectlyfromSirsiDynixinordertoensurecontinuedsupportandcompatibilityofthenewsoftwarewiththeexistingsystem.Datethisf?dayof 2023 R0//0VScyttWorthingtonGeneralCounsel,SirsiDynixSubscribedandsworntobeforemethis'Z_.}dayofQMQQ4"203;byScottWorthingtonCOUNTYOFUTAH)§STATEOFUTAH) 3300N.AshtonBlvd—Ste5000Lehi,UT84043Phone:800-288-80200LegalFax:801-223-5561

15.E

City of Hemet Resolution No. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, AUTHORIZING

THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH SIRSIDYNIX FOR LIBRARY
AUTOMATION SERVICES (7 YEAR TERM)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet (“City”) and the Hemet Public Library uses the Services of SirsiDynix, a Library Automation Provider for the integrated library system, commonly known as Horizon, which assists in the maintenance of its secure library automation databases, records for books and Library Material and the Public Library Catalog since 1996; and
WHEREAS, for these services, SirsiDynix has an annual
maintenance fee with increases annually of 5%. SirsiDynix has also proposed proposed a 7-year plan to hold annual maintenance costs to 3.9 % per annum saving the City of Hemet a total of $29,423 with a 7-year contract.; and
WHEREAS, The City Council will authorize the Finance
Director to adjust the Budget to reflect the 3.9% savings on annual maintenance fee from SirsiDynix and authorize the City Manager to sign and have the long-term contract executed;

15.E

City of Hemet Resolution No. 2023-xxx
///
///

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:

SECTION 1.The City Manager is authorized to execute the agreement with SirsiDynix for library automation services for a term of 7 years, attached hereto, which is estimated to result in a total savings to the City of Hemet of $29,423.

SECTION 3.The City Council will authorize the Finance
Director to adjust the Budget to reflect the 3.9% savings on annual maintenance fee from SirsiDynix and authorize the City Manager to sign and have the long-term contact executed.

SECTION 4.This Resolution shall become effective
immediately.

PASSED, APPROVED AND ADOPTED this 13th day of
June, 2023.
____________________________
Joe Males, Mayor
ATTEST:

15.E

City of Hemet Resolution No. 2023-xxx
_____________________________
John Paul Maier, City Clerk

15.E

City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 13th day of June, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

15.E

15.E

File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

MASTER AGREEMENT

BETWEEN

HEMET PUBLIC LIBRARY

AND SIRSIDYNIX

1. PURPOSE AND SCOPE

1.1 Parties and Effective Date . This Master Agreement (the “Master Agreement) is entered into between Sirsi Corporation dba SirsiDynix (“SirsiDynix”) and the customer identified in the signature block below (“Customer”), with effect on the date of the last signature below (“Effective Date”).

1.2 Purpose. This Master Agreement establishes the general terms and conditions to which the parties have agreed with respect to the provision of Products by SirsiDynix to Customer. Additional terms for the purchase of a specific Product are set forth in the Quote (s). By signing below, the parties acknowledge receipt of and agree to be bound by the terms and conditions of this Master Agreement and the Quote(s) for Products purchased by Customer. All pre-printed or standard terms of any Customer purchase order or other business processing document shall have no effect.

1.3 Incorporation of Quotes. “Quote” means the document(s), regardless of actual name, executed by the parties which is incorporated by reference into the terms of this Master Agreement, and describes order -specific information, such as description of Product ordered, License Metrics, fees, statements of work, exhibits and milestones. At any time after execution of the Master Agreement and the initial Quote, Customer may purchase additional Products or otherwise expand the scope of existing licenses or Subscriptions granted under a Quote, upon SirsiDynix receipt and acceptance of a new Quote specifying the foregoing.

1.4 Incorporation of EULAs. Customer’s use of any Third Party Products licensed hereunder or incorporated in the Products may be subject to, and Customer shall sign and comply with, any applicable EULAs.

1.5 Order of Precedence. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of a Quote, the terms and conditions of the Master Agreement shall control, except where the Quote expressly states the intent to supersede a specific portion of the Master Agreement. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of an EULA, the terms and conditions of the EULA shall control.

2. PRODUCTS USE RIGHTS; TITLE

2.1 Generally. Customer’s purchase of Products under this Master Agreement may include from time-to- time Software, Subscriptions, Services, and/or Hardware. The following provisions under this Section 2 apply if relevant to the type of Product purchased pursuant to a Quote.

2.2.1 Software License. Subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Section

2.7 and Section 2.9 and timely payment of the applicable fees, SirsiDynix hereby grants to Customer a limited, non-exclusive, and non-transferable license to (i) install, run and use the Software identified in the Quote in the Operating Environment solely for Internal Business Purposes, and (ii) use the Documentation in connection with such use of the Software. Customer may not make copies of the Software except a reasonable number of machine-readable copies solely for internal backup or archival purposes. All Intellectual Property rights notices must be reproduced and included on such copies. Customer shall maintain accurate and up-to- date records of the number and location of all copies of the Software and inform SirsiDynix in writing of such upon request. 2.2.2 Unless otherwise set forth in a Quote, the Software shall not be simultaneously loaded and operated on more than one hardware platform, except temporarily during the process of platform migration. 2.2.3 Customer shall use the Third Party Products solely in conjunction with the SirsiDynix Software and Customer shall have no broader rights with respect to the Third Party Products than it has to the SirsiDynix Software. SirsiDynix may add and/or substitute functionally equivalent products for any third party items in the event of product unavailability, end-of-life, or changes to software requirements.

2.3.1 Subscription s. For Subscriptions purchased by Customer , and subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Sections 2.7 and 2.9 and timely payment of the applicable fees, SirsiDynix grants to Customer the right to access and use the Subscription identified in the Quote solely for Internal Business Purposes and to use the Documentation in connection with such access and use for the Term. SirsiDynix shall use commercially reasonable efforts to make the Subscription Services available 24x7, except for scheduled downtime events, or emergency downtime events, or Internet service provider failures or delays. SirsiDynix will use commercially reasonable efforts to perform scheduled downtime events outside of normal business hours. Customer acknowledges that the Subscription Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. SirsiDynix is not responsible for any delays, delivery failures, or other damage resulting from such problems
. 2.3.2 Customer is solely responsible for obtaining and maintaining at its own expense, all equipment that may be needed to access Subscriptions, including without limitation, Internet connections. Customer understands that Subscription communications may traverse an unencrypted public Internet connection and that use of the Internet provides the opportunity for unauthorized third parties to illegally gain access to Customer Data. Accordingly, SirsiDynix does not guaranty the privacy, security or authenticity of any information transmitted over or stored in any system connected to the Internet. Customer shall not encrypt Subscription traffic except as may be available through the SirsiDynix VPN solution. 2.3.3 Customer is responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by the authorized user.

Customer is responsible for all activities that occur under Customer's account. Customer agrees to immediately notify SirsiDynix of any unauthorized use of Customer's account or any other breach of security known to Customer. SirsiDynix shall have no liability for any loss or damage arising from Customer's failure to comply with these requirements. 2.3.4 Customer shall be solely responsible for the accuracy, quality, integrity and legality of Customer Data and of the means by which it acquired Customer Data. Customer acknowledges and agrees that SirsiDynix does not monitor or police the content of communications or data of Customer or its users transmitted through the Subscriptions, and that SirsiDynix shall not be responsible for the content of any such communications or transmissions.

Customer shall use the Subscriptions exclusively for authorized and legal purposes, consistent with all applicable laws and regulations. Customer agrees not to post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; (d) constitutes sensitive personal information such as social security numbers, credit card information, or drivers license numbers; or (e) otherwise violates any applicable law. Customer further agrees not to interfere or disrupt ne tworks connected to the Subscriptions, not to interfere with another customer’s use (i SirsiDynix "

15.E

File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

and enjoyment of similar services and to comply with all regulations, policies and procedures of networks connected to the Subscriptions. SirsiDynix may remove any violating content posted or transmitted on or through the Subscriptions, without notice to Customer. SirsiDynix may suspend or terminate any user’s access to the Subscriptions upon notice in the event that SirsiDynix reasonably determines that such user has violated these terms and conditions. 2.3.5 The provision of third party Subscriptions is subject to availability from third party providers and SirsiDynix shall have no liability should such Subscription become unavailable for any reason or is no longer available under reasonable commercial terms. 2.3.6 In the event that Customer is locally hosting Subscription Software, SirsiDynix hereby grants to Customer, subject to the terms and conditions of this Mas ter Agreement including without limitation the restrictions set forth in Section

2.7 and Section 2.9 and timely payment of the applicable fees , a limited, non-exclusive, non-transferable grant of use to locally install and use the Subscription Software solely for Customer’s internal business purposes.

The grant of use for Subscription Software is not a license and remains in effect only while Customer is timely paying its Subscription fees to SirsiDynix. If Customer fails to timely pay Subscription fees, Customer must immediately discontinue use of and certify to SirsiDynix the removal of Subscription Software.

2.4.1 Services. Services are described in the Quote. SirsiDynix shall be responsible for securing, managing, scheduling, coordinating and supervising SirsiDynix personnel, including its subcontractors, in performing any Services. Any change to the scope of Services must be in writing signed by both parties. Once executed by both parties, a change shall become a part of the Quote. 2.4.2 Customer acknowledges and agrees that SirsiDynix performance is dependent upon the timely and effective satisfaction of Customer’s responsibilities hereunder and timely decisions and approvals of Customer in connection with the Services. SirsiDynix shall be entitled to rely on all decisions and approvals of Customer. Customer’s data must be provided to SirsiDynix in a format reasonably approved by SirsiDynix or additional charges will apply. Customer shall be responsible for providing secured access to Customer’s systems to SirsiDynix. SirsiDynix alone shall decide whether such access is sufficient for the performance of Services.

2.5. Software Maintenance. 2.5.1 Subject to Customer’s timely payment of applicable fees, SirsiDynix will provide during the Term Maintenance services for the Software in accordance with the maintenance plan indicated in the Quote, provided however that with respect to Third Party Products, SirsiDynix’s obligation to offer Maintenance is limited to using commercially reasonable efforts to obtain Maintenance from the third party owner of such Software. All licenses in Customer’s possession must be supported under the same maintenance plan. 2.5.2 Updates are provided if and when available, and SirsiDynix is under no obligation to develop any future programs or functionality. 2.5.3 SirsiDynix is under no obligation to provide Maintenance with respect to: (i) a Product that has been altered or modified by anyone other than SirsiDynix or its licensors; (ii) a release for which Maintenance has been discontinued; (iii) a Product used other than in accordance with the Documentation or other than on the Operating Environment; (iv) discrepancies that do not significantly impair or affect the operation of the Product; or (v) any systems or programs not supplied by SirsiDynix. 2.5.4 For the avoidance of doubt, Updates provided under Maintenance services are subsequent minor or maintenance releases to the standard Products , excluding custom development or customizations whether such customizations are performed by SirsiDynix or by Customer or a third party. SirsiDynix reserves the right to charge Client for any reintegration work required to make customizations compatible with future releases. 2.5.5 If ordered, Maintenance must be ordered for all Software and all associated License Metrics licensed by Customer. Customer may not purchase or renew Maintenance for a subset of its licenses only. 2.5.6 If an Error was corrected or is not present in a more current release of the Product, SirsiDynix shall have no obligation to correct such Errors in prior releases of the Software. 2.5.7 Fees for Maintenance Services do not include implementation, training and other Professional Services. 2.5.8 It is Customer’s responsibility to ensure that all appropriate users receive initial training services sufficient to enable Customer to effectively use the Software. Failure to do so could result in additional Maintenance fees if service requests are deemed excessive as a result of insufficient training, at SirsiDynix’s discretion.2.5.9 In the event Customer does not renew Maintenance and subsequently desires to reinstate Maintenance, a reinstatement fee shall be assessed equal to 120% of the aggregate Maintenance fee that would have been payable during the period of lapse.

2.5.10 For Software licenses and Subscription Software, Customer is solely responsible for the installation of Updates and agrees to (i) meet the Update standard set forth in the SirsiDynix Support Policies referenced in the definition of Maintenance and (ii) maintain the Operating Environment. With respect to Subscriptions, SirsiDynix is responsible for the implementation of Updates and shall no longer provide access to any previous release upon the date SirsiDynix migrates to a new Update for production use in SirsiDynix’s hosted environment.

2.6.1 Hardware and Hardware Maintenance. T itle to the Hardware identified in the Quote, if any, shall pass to Customer on SirsiDynix’s placement of the Hardware with a common carrier or licensed trucker, which shall constitute delivery to Customer. Thereafter Customer will be responsible for risks of loss or damage, except for loss or damage caused by SirsiDynix in the process of installation. 2.6.2 SirsiDynix does not provide support for Hardware unless Customer purchases any available maintenance associated with such Hardware. Such Hardware maintenance may be provided through a third party and is subject to that third party’s standard terms, conditions and warranties, if any.

2.7 License Metrics. Customer may not use the Products in excess of the License Metrics specified in the Quote. Additional License Metrics and associated Maintenance must be purchased at the pricing in effect at the time the additional License Metrics are added in the event actual usage exceeds the licensed quantity, prorated for the remainder of the then-current Term. The additional License Metrics purchased shall terminate on the same date as the pre-existing Products. Prices are based on License Metrics purchased and not actual usage. T he number of License Metrics provided in the initial Quote is a minimum amount that Customer has committed to for the Term and there shall be no fee adjustments or refunds for any decreases in usage.

2.8 Reservation of Rights. All rights not expressly granted in the Master Agreement are reserved by SirsiDynix and its third party providers .

Customer acknowledges that: (i) all Software is licensed and not sold and all Subscriptions and Content are subscribed to and not sold; (ii) Customer acquires only the right to use the Protected Materials. SirsiDynix and its third party providers retain sole and exclusive ownership and all rights, title, and interest in, including Intellectual Property embodied or associated with, the Protected Materials and all copies and derivative works thereof (whether developed by SirsiDynix, Customer or a third party); and (iii) the Protected Materials, including the source and object codes, logic and structure, constitute valuable trade secrets of SirsiDynix and its third party providers.

Customer agrees to secure and protect the Products consistent with the maintenance of SirsiDynix’s and its third party providers’ rights in the Products, as set forth in this Master Agreement.

2.9 Restrictions. Unless specifically permitted or licensed by SirsiDynix, Customer shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Protected Materials; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Protected Materials, including the license keys, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Protected Materials to any user other than Customer’s employees and independent contractors who have a need to such access and who shall be bound by a nondisclosure agreement with provisions that are at least as restrictive as the terms of this Master Agreement (except the Customer may grant access to public access catalogs to library users, other libraries, and third party entities); (iv) write or develop any derivative works based upon the Protected Materials; (v) modify, adapt, translate or otherwise make any changes to the Protected Materials or any part thereof; (vi) use the Protected Materials to provide processing services to third 8 SirsiDynix "

15.E

File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without SirsiDynix’ s prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Protected Materials; or (viii) otherwise use or copy the Protected Materials except as expressly permitted herein.

2.10 Customer Data. SirsiDynix disclaims ownership of any and all Customer Data, all bibliographic, authority, item, fine, patron, and other data loaded to, created and/or entered into Customer’s database or supplied to SirsiDynix by Customer. Notwithstanding Customer’s ownership of Customer Data, at the end of the Term SirsiDynix shall only be obligated to provide to Customer extractable Customer Data at no additional charge in a supported MARC format. SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.

2.11 License Grant by Customer. Customer grants to SirsiDynix a non- exclusive, royalty-free license, to use equipment, software, Customer Data or other material of Customer solely for the purpose of performing SirsiDynix’s obligations under the Master Agreement.

2.12 Enforcement. Customer shall (i) ensure that all users of the Products comply with the terms and conditions of the Master Agreement, (ii) promptly notify SirsiDynix of any actual or suspected violation thereof and (iii) cooperate with SirsiDynix with respect to investigation and enforcement of the Master Agreement.

3. FINANCIAL TERMS

3.1.1 Fees and Payment Terms. The Customer shall pay the amounts set forth in the Quote. Subject to the provisions of the Quote, SirsiDynix may annually increase the fees of Subscription, Subscription Software and/or Maintenance upon 30 days written notice in advance. Invoices become past due 30 days after the invoice date. Interest accrues on past due balances at the higher of 1½% per month or the highest rate allowed by law. If Customer fails to make payments of any amount due under the Master Agreement, SirsiDynix will be entitled to suspend its performance upon ten (10) days written notice to Customer. 3.1.2 Unless expressly provided otherwise, amounts paid or payable for Software, Subscriptions, Subscription Software and Hardware are not contingent upon the performance of any Services.

3.2 Taxes. Customer agrees to pay any sales tax arising out of the Master Agreement, other than those based on SirsiDynix’s net income. If Customer is tax-exempt, Customer agrees to send SirsiDynix a copy of its tax-exempt certificate upon execution of the Master Agreement. Customer agrees to indemnify SirsiDynix from any liability or expense incurred by SirsiDynix as a result of Customer’s failure or delay in paying such sales tax due.

3.3 No Contingencies. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by SirsiDynix regarding future functionality or features.

4. CONFIDENTIALITY

4.1 Non-Disclosure. Each party will protect the other party’s Confidential Information from unauthorized dissemination and use the same degree of care that each such party uses to protect its own confidential information, but in no event less than a reasonable amount of care. Neither party will use Confidential Information of the other party for purposes other than those necessary to directly further the purposes of the Master Agreement. Neither party will disclose to third parties Confidential Information without prior written consent of the other party.

4.2 Exceptions. Information shall not be considered Confidential Information to the extent, but only to the extent, that the receiving party can establish that such information (i) is or becomes generally known or available to the public through no fault of the receiving party; (ii) was in the receiving party's possession before receipt from the disclosing party; (iii) is lawfully obtained from a third party who has the right to make such disclosure on a non-confidential basis; (iv) has been independently developed by one party without reference to any Confidential Information of the other; (v) is information aggregated by SirsiDynix that no longer contains any personally identifiable information; or (vi) is required to be disclosed by law provided the receiving party has promptly notified the disclosing party of such requirement and allowed the disclosing party a reasonable time to oppose such requirement. The parties acknowledge that Customer may be subject to freedom of information legislation and further acknowledges that such legislation may take precedence over the confidentiality provisions of this section as they apply to Customer.

5. PRIVACY
Customer represents and warrants that before providing personal ly identifiable information to SirsiDynix or its agents, it will comply with any laws applicable to the disclosure of personally identifiable information, including providing notices to or obtaining permission from third parties to allow sharing of their personally identifiable information with SirsiDynix under the Master Agreement. Customer will indemnify SirsiDynix for any breach of this representation and warranty. No personally identifiable information will be disseminated by SirsiDynix to any third parties, except as consented to by Customer or required by law.

6. INDEMNIFICATION

6.1.1 By SirsiDynix. SirsiDynix will defend or settle, at its option and expense, any action, suit or proceeding brought against Customer that the SirsiDynix Software (excluding Content and Third Party Products) infringe a third party’s USA patent, registered copyright, or registered trademark (“Claim”). SirsiDynix will indemnify Customer against all damages and costs finally awarded which are attributable exclusively to such Claim, provided that Customer: (i) promptly gives written notice of the claim to SirsiDynix; (ii) gives SirsiDynix sole control of the defense and settlement of the Claim; (iii) provides SirsiDynix, at SirsiDynix’ s expense, with all available information and assistance relating to the Claim and cooperates with SirsiDynix and its counsel; (iv) does not compromise or settle such Claim; and (v) is not in material breach of any agreement with SirsiDynix. 6.1.2 SirsiDynix has no obligation to the extent any Claim results from: (i) Customer having modified the SirsiDynix Software or used a release other than the most current unaltered release of the SirsiDynix Software, if such an infringement would have been avoided by the use of such current unaltered release, (ii) Third Party Products and/or Content, or (iii) the combination, operation or use of the SirsiDynix Software with software or data not provided by SirsiDynix .

6.1.3 If it is adjudicated that the use of the SirsiDynix Software in accordance with the Master Agreement infringes any USA patent, registered copyright, or registered trademark, SirsiDynix shall, at its option: (i) procure for Customer the right to continue using the infringing SirsiDynix Software; (ii) replace or modify the same so it becomes non- infringing; or (iii) Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software. THIS SECTION STATES SIRSIDYNIX’ S ENTIRE OBLIGATION TO CUSTOMER AND CUSTOMER’S SOLE REMEDY FOR
ANY CLAIM OF INFRINGEMENT.

6.2 By Cust
omer. To the extent allowed by law, Customer shall defend or settle, at its option and expense, any action, suit or proceeding brought against SirsiDynix by a third party arising out of or in connection with: (i) any claim that Customer Data infringes on the intellectual property rights of a third party; (ii) any claim by a Customer user or (iii) any claim that Customer or a Customer’s user is using the Product i n a manner that violates the provisions of the Master Agreement. Customer’s obligations under this section are contingent upon: (a) SirsiDynix providing Customer with prompt written notice of such claim; (b) SirsiDynix providing reasonable cooperation to Customer, at Customer’s expense, in the defense and settlement of such claim; and (c) Customer having sole authority to defend or settle such claim.

7. WARRANTIES; REMEDIES; DISCLAIMERS

7.1 SirsiDynix Software. SirsiDynix warrants that, for a period of 90 days from the Go Live Date, the SirsiDynix Software, as updated by SirsiDynix and used in accordance with the Documentation and in the Operating Environment, will operate in all material respects in conformity with the Documentation.

If SirsiDynix Software does not perform as warranted, SirsiDynix shall use commercially reasonable efforts to correct Errors. As Customer's exclusive remedy for any claim under this warranty, Customer shall promptly notify 8 SirsiDynix "

15.E

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Customer Initial and Date: dl.initialhere.1

Confidential

SirsiDynix in writing of its claim. Provided that such claim is reasonably determined by SirsiDynix to be SirsiDynix’s responsibility, SirsiDynix shall, within ninety (90) days of its receipt of Customer's written notice; (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error; or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from SirsiDynix, then SirsiDynix or Customer may terminate the affected SirsiDynix Software license and Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software at SirsiDynix’s discretion. The preceding warranty cure shall constitute SirsiDynix’s entire liability and Customer's exclusive remedy for cure of the warranty set forth herein.

7.2 SirsiDynix Subscriptions. SirsiDynix warrants that Subscriptions, as used in accordance with the Documentation, will operate in all material respects in conformity with the Documentation.

7.3 Exclusions. SirsiDynix is not responsible for any claimed breach of any warranty caused by: (i) modifications made to the SirsiDynix Software by anyone other than SirsiDynix; (ii) the combination, operation or use of the SirsiDynix Software with any items that are not part of the Operating Environment; (iii) Customer’s failure to use any new or corrected releases of the SirsiDynix Software made available by SirsiDynix; (iv) SirsiDynix’s adherence to Customer’s specifications or instructions; or (v) Customer deviating from the operating procedures described in the Documentation.

7.4 Third Party Products . SirsiDynix warrants that it is an authorized distributor of the Third Party Product and that with the execution of this Master Agreement and the applicable EULA, Customer will have the right to use such Product in accordance with the terms and conditions of the terms of this Master Agreement and the applicable EULA. SIRSIDYNIX MAKES

NO OTHER WARRANTY WITH RESPECT TO ANY THIRD PARTY
PRODUCTS. CUSTOMER’S SOLE REMEDY WITH RESPECT TO SUCH

THIRD PARTY PRODUCTS SHALL BE PURSUANT TO THE ORIGINAL
LICENSOR’S WARRANTY, IF ANY, TO SIRSIDYNIX, TO THE EXTENT PERMITTED BY THE ORIGINAL LICENSOR. THIRD PARTY PRODUCTS ARE MADE AVAILABLE BY SIRSIDYNIX ON AN "AS IS, AS AVAILABLE" BASIS.

7.5 Hardware. SirsiDynix warrants that it is an authorized distributor of the Hardware. Hardware warranties shall be governed by the manufacturer’s warranty. SIRSIDYNIX MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO HARDWARE OR HARDWARE MAINTENANCE.

CUSTOMER’S SOLE REMEDY WITH RESPECT TO SUCH HARDWARE

OR HARDWARE MAINTENANCE SHALL BE PURSUANT TO THE
MANUFACTURER’S WARRANTY, IF ANY.

7.6 Disclaimers . THE WARRANTIES SET FORTH IN THIS MASTER

AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND

SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT

PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i)

ANY WARRANTY THAT ANY PRODUCT IS ERROR-FRE E OR WILL

OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD

PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND ERROR -
FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM

STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION

GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR

EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY
PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES THAT USE OF OR

CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR

UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY

PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES

AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS
FOOL PROOF. ACCORDINGLY, SIRSIDYNIX CANNOT AND DOES NOT

GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY

INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.

8. EXCLUSION AND LIMI TATION OF LIABILITY

8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SIRSIDYNIX’ S

TOTAL LIABILITY (INCLUDING ATTORNEYS FEES AWARDED UNDER

THE MASTER AGREEMENT) TO CUSTOMER FOR ANY CLAIM BY

CUSTOMER OR ANY THIRD PARTIES UNDER THE MASTER
AGREEMENT, EXCLUDING LIABILITY PURSUANT TO SECTION 6
(Indemnification), WILL BE LIMITED TO THE FEES PAID BY CUSTOMER DURING THE PREVIOUS 12 MONTHS FOR THE PRODUCT WHICH IS
THE SUBJECT MATTER OF THE CLAIM.

8.2 IN NO EVENT WILL SIRSIDYNIX BE LIABLE TO CUSTOMER FOR

ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY PUNITIVE,

TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT

LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME,

GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE),

WHETHER BASED ON BREACH OF CONTRACT, BREACH OF

WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY

OR OTHERWISE, WHETHER OR NOT SIRSIDYNIX HAS PREVIOUSLY
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 NO CLAIM ARISING OUT OF THE MASTER AGREEMENT,

REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE
THAN TWO YEARS AFTER THE CAUSE OF ACTION ARISES.

9. TERM AND TERMINATION

9.1 Term of Master Agreement. Subject to Section 10.12 below, the term of this Master Agreement shall commence on the Effective Date and shall continue in full force and effect until the expiration or termination of all Quotes, unless otherwise terminated earlier as provided hereunder.

9.2 Product and Services Term. The respective initial term of Software Maintenance, Hardware Maintenance, Subscriptions , and Subscription Software as applicable, is specified in the Quote (“Initial Term”). The Initial Term and any renewal term shall automatically renew for the same length as the Initial Term unless either party gives written notice 60 days prior to the end of any previous Term of its intention to terminate the Subscription or Maintenance service. The Initial Term and renewal terms are referred to as the “Term”.

9.3.1 Termination. Either party may terminate the Master Agreement immediately upon written notice if the other party commits a non-remediable material breach of the Master Agreement, or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non-breaching party within 30 days of being notified in writing of such breach. Where the non-breaching party has a right to terminate the Master Agreement, the non-breaching party may at its discretion terminate the Master Agreement or the applicable Quote. Quotes that are not terminated shall continue in full force and effect under the terms of this Master Agreement 9.3.2 Following termination of the Master Agreement, Customer agrees to certify that it has returned or destroyed all copies of the applicable Product and Confidential Information and acknowledges that its rights to use the same are relinquished.

9.4. Suspension. SirsiDynix will be entitled to suspend any or all perfor
mance upon 10 days written notice to Customer in the event Customer is in breach of the Master Agreement. Further, SirsiDynix may suspend Customer’s use of and access to all or a portion of the Subscriptions if, and so long as, in SirsiDynix’s sole judgment, there is a security risk created by Customer that may interfere with the proper continued provision of services or the operation of SirsiDynix’s network or systems. SirsiDynix may impose an additional charge to reinstate service following such suspension.

8 SirsiDynix "

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File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

10. GENERAL PROVISIONS

10.1 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including but not limited to power outages or failure of third party service providers. This provision does not relieve Customer of its obligation to make payments then owing.

10.2 Assignment . SirsiDynix may assign the Master Agreement and all of its rights and obligations herein without Customer’s approval to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity. Neither party may otherwise assign or transfer the Master Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the above, SirsiDynix may fulfill its obligations hereunder through its affiliated companies.

10.3 Cooperation. Customer agrees to provide cooperation, which means assistance, information, equipment, data, a suitable work environment, timely access, and resources reasonably necessary to enable SirsiDynix to perform any and all installation, implementation, and servi ces required to fulfill its obligations hereunder including but not limited to ensuring SirsiDynix has remote access. Failure to grant such cooperation shall allow SirsiDynix to deem the Product purchased by Customer to be fully accepted and delivered. In the event any delay in implementing Products is caused by Customer resulting in SirsiDynix incurring additional expenses, the Customer shall pay to SirsiDynix the amount of such additional expenses.

10.4 Delegation. SirsiDynix may subcontract or delegate any work under any Quote to any third party without Customer’s prior written consent, provided however that SirsiDynix shall remain responsible for the performance of any such subcontractors.

10.5 Notice of U.S. Government Restricted Rights. If the Customer hereunder is the U.S. Government, or if the Software is acquired hereunder on behalf of the US Government with U.S. Government federal funding, notice is hereby given that the Software is commercial computer software and documentation developed exclusively at private expense and is furnished as follows: “U.S. GOVERNMENT RESTRICTED RIGHTS.

Software delivered subject to the FAR 52.227 -19. All use, duplication and disclosure of the Software by or on behalf of the U.S. Government shall be subject to this Master Agreement and the restrictions contained in subsection (c) of FAR 52.227- 19, Commercial Computer Software - Restricted Rights (June 1987)”.

10.6 Export. Customer shall comply fully with all relevant export laws and regulations of the United States to ensure that the Software is not exported, directly or indirectly, in violation of United States law.

10.7 Non-solicitation. During the term of this Master Agreement and for a period of one year following its termination, neither party will solicit for employment directly or through other parties, without the other party’s written permission, any individual employed by the other party, provided however that the hiring of individuals responding to general public marketing and recruiting advertisements and events shall not be a violation of this provision; only active, targeted solicitation is prohibited.

10.8 Compliance. During the term of this Master Agreement and for a period of one year following its termination, SirsiDynix shall have the right to verify Customer’s full compliance with the terms and requirements of the Master Agreement. If such verification process reveals any noncompliance by Customer, Customer shall reimburse SirsiDynix for the reasonable costs and expenses of such verification process incurred by SirsiDynix (including but not limited to reasonable attorneys’ fees) , and Customer shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of SirsiDynix’ s termination rights and do not affect SirsiDynix’s right to payment for Products and interest fees related to usage in excess of the License Metrics.

10.9 Notices. Any notice required or permitted to be sent under the Master Agreement shall be delivered by hand, by overnight courier, by email to SirsiDynix at [email protected]
, or by email to Customer at any current
Customer email address routinely used by SirsiDynix, or by registered mail, return receipt requested, to the address of the parties set forth in the Master Agreement or to such other address of the parties designated in writing in accordance with this subsection.

10.10 Relationship . The Master Agreement is not intended to create a partnership, franchise, joint venture, agency, or a fiduciary or employment relationship. Neither party may bind the other party or act in a manner which expresses or implies a relationship other than that of independent contractor.

10.11 Invalidity. If any provision of the Master Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10.12 Survival. The following provisions will survive any termination or expiration of the Master Agreement: sections 1, 2.7, 2.8, 2.10, 2.12, 3, 4, 5, 6, 7, 8, 9, and 10.

10.13 No Waiver. Any waiver of the provisions of the Master Agreement or of a party’s rights or remedies under the Master Agreement must be in writing to be effective. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. The waiver by either of the parties hereto of a breach or of a default under any of the provisions of the Master Agreement shall not be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any party may otherwise have at law or in equity. Failure, neglect, or delay by a party to enforce the provisions of the Master Agreement or its rights or remedies at any time, shall not be construed and shall not be deemed to be a waiver of such party’s rights under the Master Agreement and shall not in any way affect the validity of the whole or any part of the Master Agreement or prejudice such party’s right to take subsequent action.

10.14 Entire Agreement. The Master Agreement constitutes the parties’ entire agreement relating to its subject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, requests for proposals, proposals, conditions, representations, and warranties, or other communication between the parties relating to its subject matter as well as any prior contractual agreements between the parties. Notwithstanding the precedence of this Master Agreement, any existing Customer License Metrics shall continue unless new License Metrics are identified in a Quote.

No modification to the Master Agreement will be binding unless in writing and signed by an authorized representative of each party.

10.15 Third Party Beneficiaries. All rights and benefits afforded to SirsiDynix under the Master Agreement shall apply equally to the owner of the Third Party Products with respect to the Third Party Products, and such third party is an intended third party beneficiary of the Master Agreement, with respect to the Third Party Products.

10.16 Governing Law and Venue. The Master Agreement shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to its principles of conflict of laws. Any dispute shall be litigated in the state or federal courts located in Utah to whose exclusive jurisdiction the parties hereby consent. In addition, the Customer hereby waives any objection the customer may have based upon lack of personal jurisdiction, improper venue and/or “forum non conveniens”.

10.17 Application of Laws . The parties agree that this contract is not a contract for the sale of goods; therefore, the Master Agreement shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any codification of the Uniform Computer Information Technology Act (“UCITA”), or any references to the United National Convention on Contracts for the International Sale of Goods.

10.18 Counterparts. The Master Agreement and each Schedule may be executed in one or more counterparts, each of which shall constitute an enforceable original of the Master Agreement, and that facsimile, electronic 8 SirsiDynix "

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File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

and/or .pdf scanned copies of signatures shall be as effective and binding as original signatures.

10.19 Headings and Drafting. The headings in the Master Agreement shall not be used to construe or interpret the Master Agreement. The Master Agreement shall not be construed in favor of or against a party based on the originator of the document.

10.20 Attorney’s Fees. In the event a party seeks and obtains a remedy in the courts for its rights under this Master Agreement, the prevailing party in such litigation shall be entitled to its reasonable attorney’s fees and cost. ************************************************************

END OF MASTER AGREEMENT
Hemet Public Library
300 E. Latham Avenue
Hemet, California 92543
United States
Sirsi Corporation
SirsiDynix Technology Centre
3300 N. Ashton Blvd. – Suite 500
Lehi, UT 84043

Sign: dl.signhere.1

Sign: dl.signhere.2

Print Name: dl.fullname.1

Print Name: dl.fullname.2

Title: dl.title.1

Title: dl.title.2
Date: dl.datesign.1 Date: dl.datesign.2

8 SirsiDynix "

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File: Hemet Public Library GC# 304265

Customer Initial and Date: dl.initialhere.1

Confidential

Exhibit A - DEFINITIONS
“Circulation” means the checkout of a Library Item to a patron, the checkout of a Library Item for the purpose of tracking in- library usage, the renewal of a Library Item, or an action functionally identical to any of the preceding acts.
“Confidential Information” means information of SirsiDynix and/or its licensors includes but is not limited to the terms and conditions (but not the existence) of the Master Agreement, all trade secrets, software, source code, object code, specifications, as well as results of testing and benchmarking of the Software or other services, product roadmap, data and other information of SirsiDynix and its licensors relating to or embodied in the Software or Documentation, including but not limited to information designated as confidential in writing or information which ought to be in good faith considered confidential and proprietary to the disclosing party .

SirsiDynix’s placement of a copyright notice on any portion of any Software will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains proprietary and confidential information of SirsiDynix. Confidential Information does not include that the Customer uses SirsiDynix Products.
“Content” means any information, data, text, software, music, sound, photographs, graphics, video messages or other material which Customer receives through a Subscription.
“Customer Data” means any electronic data, information or material provided or submitted by Customer (including the Customer’s patrons and users) to SirsiDynix through a Subscription or Services, or which Customer (including the Customer’s patrons and users) enters into the Subscription or Services or has entered on its behalf, or which SirsiDynix is otherwise given access to under the Master Agreement. Customer Data does not include non-personally identifiable information aggregated by SirsiDynix. “Documentation” means the user instructions, release notes, manuals and on-line help files made available by SirsiDynix regarding the use of the applicable Product.
“Effective Date” is defined in section 1.1.
“Error” means a material failure of a Product to conform to its functional specifications described in the Documentation.
“EULA” means the end user license agreement that accompanies the Third Party Product, which governs the use of or access by Customer to the applicable Third Party Product.
“Go Live Date” means the date on which the Products are substantially ready for operational use for normal daily business.
“Hardware” means the physical hardware and equipment manufactured by third party providers and sold to Customers by SirsiDynix. “Intellectual Property” means any and all intellectual property rights, recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded, including without limitation inventions, technology, patents rights (including patent applications and disclosures), copyrights, trade secrets, trademarks, service marks, trade dress, methodologies, procedures, processes, know-how, tools, utilities, techniques, various concepts, ideas, methods, models, templates, software, source code, algorithms, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems, training methodology and materials, which SirsiDynix has created, acquired or otherwise has rights in, and may, in connection with the performance of obligations hereunder, create, employ, provide, modify, create, acquire or otherwise obtain rights in.
“Internal Business Purposes” means Customer’s internal use but does not include (1) sharing Confidential Information or Intellectual Property with third parties without SirsiDynix written consent or (2) integration of third party products by any means into Software, Subscriptions or Subscription Software without additional SirsiDynix license.
“License Metrics” means limits on Product usage as set forth in the Quote such as Titles, Circulation, Users, students, seats, and reports. “Maintenance” means the technical support and, with respect to Software, the provision of Updates for the level of support services purchased from SirsiDynix, all of which are provided under SirsiDynix’ s support policies in effect at the time the Services are provided, which may be modified from time-to-time by SirsiDynix in its sole discretion. A current version of such Support Policies can be found under “SirsiDynix Support Policies ” (Document ID 125773) at http://support.sirsidynix.com.
“Operating Environment” means SirsiDynix-recommended hardware, operating system, middleware, database products and other software on which the Software will operate.
“Professional Services” means data conversion, implementation, site planning, configuration, integration and deployment of the Software or Subscriptions, training, project management and other consulting services. “Products” means Software, Subscriptions, Subscription Software, Services and Hardware.
“Protected Materials” means Software and work product provided by SirsiDynix under Services, Subscriptions, Subscription Software and SirsiDynix’s or its licensors’ Intellectual Property and Confidential Information.
“Quote” is defined in Section 1.3.
“Services” means those services provided or arranged by SirsiDynix including but not limited to specific SirsiDynix Products such as (i) Professional Services; and (ii) that part of Maintenance that is technical support, excluding the provision of Updates.
“SirsiDynix Software” means each SirsiDynix -developed and/or SirsiDynix-owned software product in machine- readable object code (not source code), the Documentation for such product, and any Updates thereto.
“Software” means the SirsiDynix Software and Third Party Software. “Subscriptions” means the provision of access by SirsiDynix or its hosting providers to Software and/or Content from a server farm that is comprised of application, data and remote access servers, including associated offline components including but not limited to cloud services and web access to Content.
“Subscription Software” means Subscriptions hosted by Customer .

Customer does not have a license in Subscription Software. “Term” is defined in section 9.2.
“Titles” means the number of unique records for an electronic, virtual, and/or physical item which may be used by a library patron, such as a bibliographic, MARC, visual material, serial or Dublin Core record, cr eated on the Software or Subscription. Multiple items, representing either identical items or volumes in a set, may be included in a single Title. “Third Party Products ” means software or content including documentation and updates if any, owned by an entity other than SirsiDynix and provided by SirsiDynix in connection with Products. “Updates” means the error corrections, releases, updates, modifications or enhancements subsequently developed that SirsiDyni x makes generally available to its customers as part of Maintenance on a when and if available basis. Updates exclude new products, modules, platform or functionality for which SirsiDynix charges a separate fee.

“Users” means Customer’s employees or agents who have been issued user names and passwords by Customer to use the Products. Each such User shall be one person, and user names and passwords cannot be shared or used by more than one person.

8 SirsiDynix "

15.E

QUOTE

Quote 115177 for:

Hemet Pub
lic Library
Long Term Agreement - 7 Y ear
Quote valid until:

July 04, 2023

Prepared by:

Linda Bone,
Inside Account Manager

Quote for Hemet Public Library

Quote Number 115177

This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a tr
ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

Copyright 2023 Sirsi Corporation - All Rights Reserved

8 SirsiDynix'
• SirsiDyrux·

15.E

Purchase Details
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.

Y
ear 1

Estimated
Y
ear 2

Estimated
Y
ear 3

Estimated
Y
ear 4

Estimated
Y
ear 5

Estimated
Y
ear 6

Estimated
Y
ear 7

Active
Products

29,789.28

30,951.06

32,158.15

33,412.32

34,715.40

36,069.30

37,476.00

Active Products
Quantity

Total Price

Component

Note

1.00 1,539.10

BLUEcloud Analytics Platform Essentials, Annual
Subscr
iption

1.00 0.00

Consulting - BLUEcloud Analytics Q and A, Distance, Annual Subscr
iption

1.00 17,170.73

Horizon SaaS Core

3.00 1,712.18

Horizon SaaS SIP2 Interface Per Certified Vendor

1.00 589.45

Horizon SaaS SIP2 Interface Per Certified Vendor

2.00 535.09

Horizon SaaS SIP2 Interface Per Certified Vendor

1.00 468.03

Horizon SaaS SIP2 Interface Per Certified Vendor

1.00 1,120.24

SirsiDynix Additional eRC Connector - Annual Subscription, per cer
tified partner

1.00 0.00

SirsiDynix Enterprise, SaaS Annual Subscription

1.00 0.00

SirsiDynix eRC Connector - Annual Subscription, per
cer
tified partner

1.00 1,712.29

SirsiDynix eResource Central Gateway Services - Annual
Subscr
iption Promotion

399.00

1,692.23

Syndetics Unbound Base Package for Public Libraries,
Ann
ual Subscription, perquote

1.00 3,249.94

Telephone Messaging v3.0 Maintenance, SW 2-lines

1.00 0.00

Web Services, Basic for SirsiDynix Enterprise

Quote for Hemet Public Library

Quote Number 115177

This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a tr
ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

Copyright 2023 Sirsi Corporation - All Rights Reserved

• SirsiDyrux·

15.E

29,789.28

Active Product Total Year 1

Initial Term: Seven (7) Y ears

Initial Term Annual Price Increase Cap for SirsiDynix Products/Services: 3.9% until Term renewal

The Initial Term and the Initial Term Annual Price Increase Cap set forth above shall apply to Active Products and ne
w purchased Products/Services.

Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote.

SirsiDynix reser
ves the right to adjust Initial Term pricing for Third Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services.

Any applicable discount shall be applied on final payment. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement, unless such additional terms are statutorily required of the Customer.

This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote.

Quote for Hemet Public Library

Quote Number 115177

This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a tr
ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

Copyright 2023 Sirsi Corporation - All Rights Reserved

• SirsiDyrux·

15.E

Terms and Conditions
Current Contract License Limits:

Up to 450,000 ann
ually circulated items.

Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Softw
are without additional license from SirsiDynix.

SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.

Payment Terms

The term of any quoted products is for no less than the Initial Term and shall automatically renew for the length of the Initial T
erm. Subsequent years' Maintenance and Subscription fees are to be paid annually in advance.

Following the first year of System operation, Maintenance and Subscription fees will be subject to annual increases.

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Quote for Hemet Public Library

Quote Number 115177

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ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

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15.E

Signature(s)
Customer Signature:

SirsiDynix Signature:

Hemet Public Library

dl.signhere .1

By: _______________________________________
(Authorized Signature)

By: _____________________________________
(A
uthorized Signature)

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Name: _____________________________________
(Pr
inted)

Name: __________________________________
(Pr
inted)

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Job Title: ___________________________________

Job Title: ________________________________

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Date: ______________________________________

Date: ___________________________________

Billing Address:

Hemet Pub
lic Library
300 E. Latham Avenue
Hemet
California 92543
United States
Quote for Hemet Public Library

Quote Number 115177

This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a tr
ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

Copyright 2023 Sirsi Corporation - All Rights Reserved

• SirsiDyrux·

15.E

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 13 2023
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Laura Axcell, Fire Captain;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

California Fire Foundation Wildland Personal Protection Equipment Grant

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the 2023 Wildland Personal Protection Equipment Grant from California Fire Foundation for (64) Wildland Battle Dress Uniforms in the Amount of $10,000.00 and Authorizing the Finance Director to Appropriate Funds for the Purchase of sixty-four (64) Wildland Battle Dress Uniforms.

BACKGROUND:

The Mission of the California Fire Foundation is to assist Fire Departments in preventing and preparing for California Wildland Fires. The Hemet Fire Department last purchased wildland pants in 2012. Budget restraints have prohibited us from purchasing new pants. Most personnel have had to purchase their own which has lead to non -uniformity. As a result, due to intensive involvement by the Hemet Fire Department with California State Wildland responses and a large number of new personnel, most of the Hemet Fire Department is working with either double layer pants, or worn and outdated pants.

ANALYSIS:

Wildland Battle Dress Uniforms are an absolute must in the summer time due to the frequency and probability of wildland fires. The single layer will protect members from overheating while giving them protection during wildfires. We have been awarded this Grant for Wildland Battle Dress Uniform's which would bring all of the Fire Department into compliance and ready to continue our local, mutual aid and California State Office of Emergency Services responsibilities.

DISCUSSION:

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The Fire Department applied for the California Fire Foundation Grant to increase Firefighter safety and allow for uniformity during Fire Season. The notification was received on May 5, 2023 that the City was awarded the grant. This grant does not require matching funds and will have a direct positive impact on future cost savings for personal protection equipment replacement.

PREVIOUS COUNCIL ACTION:

None

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:

There is no impact on the General Fund as funds spent out of the Public Safety Grant Fund #232 are reimbursed through this grant; however, the Finance Director will need to establish appropriations in Public Safety Grant Fund #232 to reflect the grant award.

ATTACHMENT(S):

Resolution CFF Grant
APPROVED! Grant Award Letter
253737
California Fire Foundation Check

15.F

City of Hemet Resolution No. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, ACCEPTING A

CALIFORNIA FIRE FOUNDATION GRANT IN THE
AMOUNT OF $10,000 AND AUTHORIZING THE

FINANCE DIRECTOR TO APPROPRIATE FUNDS

FOR THE PURCHASE OF WILDLAND PERSONAL

PROTECTION BATTLE DRESS UNIFORM PANTS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the California Fire Foundation offers grant
opportunities to Fire Departments and Firefighter Associations, which are located in Southern California’s Edison service area; and WHEREAS, the Foundation awards individual grants to
recipient Fire Departments and organizations in support of prevention and preparedness for wildland fires in the State of California; and
WHEREAS, The Fire Department applied for the Wildland
Personal Protective Equipment Battle Dress Uniform Pants for all active suppression members of the Department and the projected new hires under the SAFER Grant. The notification was received in May 5, 2023 that the City was awarded the grant.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AS FOLLOWS:

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City of Hemet Resolution No. 2023-xxx
SECTION 1.The City of Hemet (“City”) submitted a grant
application to the California Fire Foundation (“Foundation”) Wildland Personal Protection Equipment for the purchase of sixty- four (64) Wildland Battle Dress Uniform Pants. The Foundation, through its Grant, awarded the City $10,000.00 to purchase the Wildland Battle Dress Uniform Pants.

SECTION 2. The City Manager is hereby authorized to
approve purchase the Wildland Battle Dress Uniform Pants, and otherwise effectuate the intent of this Resolution.

SECTION 3. The Finance Director is hereby authorized to increase estimated revenues by $10,000.00 and establish supplemental appropriations of $10,000.00 in the FY 2022-23 budget (Fund 232) in support of this purchase.

SECTION 4.EFFECTIVE DATE - This Resolution shall take
effect and be in force immediately.

15.F

City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this th day of May,
2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.F

City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the th day of May, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

15.F

15.F

1 Laura Axcell
From: California Fire Foundation <[email protected]> Sent: Friday, May 5, 2023 9:50 AM
To: Laura Axcell
Cc: [email protected]; [email protected]
Subject: APPROVED! Important Grant Documents - Hemet Fire Department Warning: This email originated from outside the City of Hemet. Think before you click!

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Date: 05/05/2023
Applicant: Hemet Fire Department
Amount Awarded: $10,000.00
Project Name: Wildland Personal Protection Equipment

Congratulations! On behalf of the California Fire Foundation (CFF), a nonprofit 501(c)(3) charitable organization formed in 1987, it is a pleasure to inform you that we have approved a grant in the amount of $10,000.00 for Hemet Fire Department’s above-referenced project.

Log into our grants portal to access the Grant Agreement from your dashboard. The Grant Agreement contains the terms and conditions governing your use of our grant funds. It must be electronically signed and submitted by an officer or director. Please note that the Foundation will not disburse payment on this grant until the completed agreement is submitted. Additionally, this grant may be withdrawn if you do not submit a completed Grant Agreement within 14 calendar days.

Upon submitting your completed agreement, we encourage you to publicly announce our partnership using the resources provided in these toolkits: ENGLISH | SPANISH

If you have any questions about this grant, or your circumstances have changed since you applied for funding, please contact our office at (800) 890-3213 or via email at [email protected] as soon as possible. In all correspondence with us, please include your department, association or organization name and appropriate contact information.

Thank you for the care you took in developing your proposal. The California Fire Foundation is honored to support your project and we wish you much success!

Sincerely,

Brian K. Rice
Chair, California Fire Foundation
http://www.cafirefoundation.org

15.F

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
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Quotation No. 253737