City. At the City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the CONTRACTOR'S insurance and shall not contribute with it.
F. CONTRACTOR shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non- payment) to the City of Lancaster.
(2) List in the "Descriptions of Operations/Locations/Vehicles" section:
PUBLIC WORKS MAINTENANCE YARD SECURITY SERVICES
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned."
(3) List in the "Certificate Holder" section:
The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
G. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONTRACTOR.
20. Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its City Manager or their designee, has issued the Notice to Proceed.
CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed
21. Extension of Time for Completion of Work.
If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONTRACTOR, then CONTRACTOR shall be entitled 6 to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 13.
B. CONTRACTOR shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.
C. No extension of time requested or granted hereunder shall entitle CONTRACTOR to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONTRACTOR.
Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONTRACTOR in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONTRACTOR under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.
23. Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Exhibit "A".
24. CONTRACTOR'S Warranties and Representations.
CONTRACTOR warrants and represents to OWNER as follows:
A. CONTRACTOR has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, to solicit or obtain this AGREEMENT.
B. CONTRACTOR has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. CONTRACTOR has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
D. Upon the execution of this AGREEMENT, CONTRACTOR has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.
7 E. California Government Code section 84308 ("Levine Act"') requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $250 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.
(1) By its signature on this Agreement, CONTRACTOR represents and warrants [select one]:
• Neither CONTRACTOR nor any agent acting on behalf of CONTRACTOR has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
• CONTRACTOR (or an agent acting on behalf of CONTRACTOR) has made a political contribution of more than $250 to:
Identify the person(s) or agents) who made the contribution:
N/A
Identify the City officers) who received the contribution:
N/A
(2) By its signature on this Agreement, CONTRACTOR further represents and warrants [select one]:
• Neither CONTRACTOR nor any agent acting on behalf of CONTRACTOR intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
• CONTRACTOR (or an agent acting on behalf of CONTRACTOR) intends to make a political contribution of more than $250 to:
Identify the person(s) or agents) who will make the contribution:
N/A
Identify the City officers) who will receive the contribution:
N/A
25. Resolution of Disputes.
8 A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys' fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
26. Exhibits.
The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:
Exhibit "A" Scope of Services
Exhibit "B" Pricing Schedule
27. Governing Law.
This AGREEMENT shall be governed by the laws of the State of California.
28. Effective Date.
This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONTRACTOR, executes said AGREEMENT. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
By:
Trolis Niebla, City Manager
Dated:
CONTRACTOR, SafeRock
By:
Mozhgan Tabibada, CEO
Dated:
ATTEST:
Andrea Alexander, City Clerk
APPROVED AS TO FORM:
Allison E. Burns Esq., City Attorney
CONTRACT SUBMISSION APPROVAL:
Marissa Diaz, Director - Public Works
10 EXHIBIT "A"
SCOPE OF SERVICES
11 MAINTENANCE YARD SECURITY SERVICES
ITB MSD24-02
SCOPE OF SERVICES - EXHIBIT A
1. BACKGROUND
1.1. The City of Lancaster is seeking unarmed security guard in marked vehicle services for the Maintenance Yard. Contractors must be able to provide all services as required in these specifications. It is expected that the presence of an appropriately uniformed security guard will serve as a visible deterrent and reduce the damage and loss of property within the parameters of the service location.
2. OBJECTIVES
2.1. Contract - The contractor will be required to carry out a contract with the City, as well as meet insurance requirements as indicated by the City.
2.2. Site Specifications - Maintenance Yard Patrol:
2.2.1. Location: 615 West Avenue H, Lancaster, CA 93534
2.2.2. Patrol exterior of the building, including all associated parking areas. Perform patrols at unscheduled, random times, by any method necessary to accomplish the task thoroughly, and efficiently.
2.2.3. Check parking lot for suspicious vehicles and/or people and record in daily log. Call the Sheriff if intervention is needed. Record license plate number for any "non-City Seal" vehicles remaining in the parking lot after 5:30 p.m. each shift.
2.2.4. The Security Guard may stand at the door to observe people exiting the building after hours to ensure they get into their cars safely and leave. Upon request, guards shall escort people leaving to their cars.
2.2.5. Special attention should be paid to the recycling center as it is the most active site after hours.
2.2.6. Check the pedestrian side gates at 5:10pm and if they are unlocked then lock them.
2.2.7. Question and check ID of anyone who enters the premises after normal working hours and record said entry on daily report document.
2.2.8. Hours: Please bid on 24 hour a day services. The following hours are for use at the inception of this agreement, do not guarantee the actual hours of service that may be required throughout the full term of this agreement. The City will notify the Contractor of any changes/reductions to the contract.
2.3. Contract Term and Renewal
12 2.3.1. Duration: Year one of these contracts shall commence on February 1st, 2025, and terminate on January 31S, 2026.
2.3.2. Renewal: The contract may be renewed up to four times upon mutual agreement of both parties, subject to performance reviews and funding availability.
2.3.3. Amendments and Modifications: Any amendments or modifications to this contract must be made in writing and signed by authorized representatives of both the City of Lancaster and the Contractor.
3. CONTRACTOR RESPONSIBILITIES
3.1. Reports: The contractor will be required to supply reports, upon request from City staff.
The report should include, but is not limited to, the following items. Provide written record of any unusual activities observed within the building and surrounding property, on a "Field Incident Report." Record the time, type of activity and what action was taken (if any). All normal, routine activity by the guard(s) should be recorded, in "diary" form, on the "Daily Activity Log," and kept of file for one (1) year by the security services company. The report should include, but is not limited to, the following items.
3.1.1. Log with arrival, breaks and leaving from assigned duty
3.1.2. Precise reports of "abnormal" activities/interactions
3.1.3. Any citizen or public concerns reported
3.1.4. Safety issues
3.2. Patrol: A patrol schedule as determined by contractor and City.
3.2.1. The assigned guard will perform a full patrol of the property once an hour.
3.2.2. The patrol route will be varied and occur at different times in each hour.
3.2.3. The assigned guard will use software to record the patrol.
3.3. Emergency/Accident/Incident Reporting:
3.3.1. Notify the appropriate law enforcement agency immediately of any unlawful activity.
3.3.2. Interface immediately with any law enforcement agency responding to the facility
3.3.3. Notify the Security Contract Manager, and/or Site Manager.
3.3.4. All guards will be REQUIRED to complete a separate accident or incident report and submit it to the Contract Manager.
3.3.5. If appropriate, notify the police, paramedics, or other authorities and obtain a copy of their report and submit a legible copy, with the incident report, to the Contract Manager.
3.4. Disturbances: Any disturbance will be calmed, and, if needed, reported to the Sheriff's Department. Theft, vandalism, and any other criminal activity must be reported immediately to the Public Works Senior Manager. The City will provide the security services company with a prioritized contact list, to be available at each guard post.
Record all observed activities on a "Field Incident Report," and faxed to office numbers provided.
3.5. Replacement of Assigned Guards: If the City determines any employee is not qualified to perform the assigned work, not suitable for the assigned location, found guilty of improper conduct, or not performing to these contract specifications the City may require the immediate replacement of any such unacceptable employee. The following conditions that may require replacement include, but are not limited to:
3.5.1. Sleeping on assignment
3.5.2. Bringing children or others not on duty to a City assignment
3.5.3. Tardiness
3.5.4. No shows
3.5.5. Absence from post during shift
3.5.6. Inability or failure to represent the City or assist a citizen
3.5.7. Usage of personal phone while on duty
3.5.8. Loss or damage to City property while guard is on duty.
3.6. Changes: All changes to routine service hours shall be requested by the City in writing.
Such requests shall be provided to Contractor a minimum of five business days in advance. Contractors shall be paid for only those hours in which guard service is actually performed and as specifically requested by the City. When City Staff request continuation of hours/time 'on post', the approval can be received by phone.
3.7. Training: Guards will be required to learn and perform the site-specific procedures.
3.8. Minimum Requirements for Guards: The City reserves the right to approve the placement and/or selection of guards for certain positions. All guards must present a professional appearance and demeanor. Contractors employ only competent, careful and orderly employees. Security guards will conduct themselves in a professional manner at all times.
3.9. Physical Requirements: All guards posted at City facilities must be in good physical condition and capable of performing all required duties and responding to emergency situations. Routine activities typically include foot patrol, climbing stairs, and accessing roof areas through roof panels and climbing ladders. Observation duties require good vision and hearing.
14 3.10. Uniforms: Uniforms are required. The uniform shall include shirt, pants, jacket, and shoes. Company logo shall be visible at all times. At City's discretion, appropriate uniforms may vary according to job site.
3.11. Supervision and Key Personnel: Contractor shall provide adequate supervision to ensure all work required is performed in accordance with these specifications. The contractor shall provide the City contact with a list of responsible personnel who may be contacted by the City on a 24-hour per day and 7-day per week basis, in the event of an emergency or to respond to requests for additional services. The Contractor will update this list as changes occur.
3.12. Keys: In the event of a lost or stolen key, the contractor will be responsible for reimbursing the City for all costs, including rekeying all locks as required, and the replacement of all keys.
3.13. Billing: Invoices must be submitted within 30 days of completing security services.
All invoices should be sent to [email protected] and must include the month of service, a breakdown of hourly rates, and employee timecards. The contractor must supply complete and correct documentation and supplemental forms in order for City staff to process bills in a timely manner.
3.14. Services: Contractor agrees to provide all services requested and shall have sufficient resources available to provide services laid out in this scope of work.
3.15. Liquidated Damages: The contractor agrees to provide an invoice credit to the City to cover any losses to the City property proven to occur while the guard is on duty.
3.16. Staff: Contractor must use their own employees. No subcontractors or independent contractors are allowed to be used.
3.17. Security Vehicles: Contractor shall have adequate vehicles as required for all service.
3.17.1. When in use, Contractor's vehicles are to be used, all vehicles are to display the company's logo, and the logo shall be readable from a distance of 50 feet.
3.17.2. No personal vehicles are allowed without adequate marking as noted above.
3.18. Communication: Contractor shall provide to each security guard a method of communication, such as: radios, cell phones, etc. Phones will NOT be provided by the City.
3.19. Compliance with Laws and Regulations
3.19.1. Legal Compliance: Contractors must comply with all applicable federal, state, and local laws, ordinances, and regulations governing security services.
3.19.2. Licensing: All security guards must hold valid licenses as required by the state of 15 California.
3.19.3. Background Checks: Contractors must ensure that all security personnel undergo thorough background checks prior to assignment.
4. DELIVERABLES (including but not limited to)
4.1. Electronic Patrol Equipment: The Contractor shall provide a complete electronic guard security personnel monitoring system which is able to track and monitor security personnel in real time indoors, and outdoors. It must combine GPS and RFID functionality, enabling security personnel to scan interior and exterior checkpoint tags, as well as facilitate real time location reports.
4.2. Reporting: Security firm is responsible for all written daily activity reports ("diary"), and incident reports related to criminal activity, hazardous conditions, citizen reports, specific incidents, etc. ("Field Incident Report") Security firm will provide copies of Field Incident Reports to the City contact on the following workday basis, by emailing to the address provided. The contractor shall report any unlocked door or window in a written report, which is to be submitted to the City contact at the end of each night via email.
4.3. Performance Standards and Key Performance Indicators (KPIs): To ensure high-quality service from the security contractor, we'll focus on three key performance indicators:
4.3.1. Patrol and Incident Reporting: Guards must complete hourly patrols, report incidents immediately, and submit daily logs documenting their activities.
4.3.2. Timely Replacement and Professional Conduct: Guards who do not meet performance standards must be replaced within 24 hours, and all guards must maintain a professional presence, including adherence to uniform standards.
4.3.3. Accurate and Timely Invoicing and Documentation: Invoices and incident reports should be submitted on time with full documentation to facilitate prompt review and processin
16 EXHIBIT "B"
PRICING SCHEDULE
17 PRICING SCHEDULE- EXHIBIT B
Officer In Marked Hourly Rate Estimated Number of Total Vehicle Hourly Rates Hours
Maintenance Yard
Monday-Friday $22.88 5,928 $135,632.64
Saturday-Sunday $22.88 2,520 $57,657.60
Holiday $22.88 312 $7,138.56
Total $200,428.80
10% Contingency $20,042.88
Total Not to Exceed $220,471.68
Contract Amount
18