Allied Universal® Response to Montebello Bus Lines
25 • 20,000 specially trained Government Services contract security professionals • 850 Federal, state, and local clients
• 4,800 government client sites
• 45 Transit Agencies nationwide, 2,900 Transit Security Professionals
CLIENT DESCRIPTION OF SCOPE
Santa Clara Valley
Transportation Authority
Octavio Garcia
Manager of Security Programs
[email protected]
3331 North First Street
San Jose, CA 95134
Responsible for employee/contractor and passenger assistance and security, property and revenue protection, lost & found fixed asset inventory, site security and facility access control, crowd control for special events, undercover and special operations, and other services as required by VTA.
Armed & unarmed guards maintain a high level of visibility, act as a deterrent to crime and increase the patron’s feeling of safety and security. Security includes a CCTV Program.
Client since 2009
San Francisco Municipal
Transportation Agency
Kimberly Burrus
Chief Security Officer
[email protected]
1 South Van Ness Avenue
8th Floor, San Francisco, CA
94103
Provide uniformed transit security services at various Transit Centers and Parks throughout the City of San Francisco. We provide fixed post monitoring on station platforms and at SFMTA’s SOC.
Duties include foot patrols, fare enforcement, security monitoring center staffing, and customer service.
Client since 2018
TriMet - Portland
Pat Williams
Director of Security &
Emergency Management
[email protected]
4012 SE 17th Avenue
Portland, OR 97202
Assisting the traveling public and being visible throughout the transit system.
Security personnel enforce transit conduct, enforce parking regulations and render assistance to the public and serve as first responders during all-hazard emergencies.
Client since 2012
RCTC (Riverside County
Transportation Commission)
George Salas
Facilities Manager
[email protected]
4080 Lemon Street
Riverside, CA 92501
24/7 station patrol at 10 locations. Access control, CCTV monitoring, platform security. Customer service to transit clients.
Client since 2012
Allied Universal® Response to Montebello Bus Lines
26 Metrolink
Tinh Quach
Contract Manager
[email protected]
2704 N. Garey Ave.
Pomona, CA 91767
24/7 train platform, layover yard, headquarter, and repair facility security. Train riding security officers. Access control, CCTV monitoring. Customer service to transit clients.
Client since 2016
THE PERSONNEL WHO WILL BE ASSIGNED TO THE MONTEBELLO BUS LINES CONTRACT INCLUDE:
Chris Bailey: Senior Regional Vice President. Has overseen RCTC, RTA, and Metrolink from a senior management perspective. Currently oversees City of Montebello contract.
Steve Nsaif: Branch manager overseeing current Montebello contract. Extensive management experience in government services. Oversees John Wayne Airport, Orange County Sanitation District, Orange County Probation Department, and current City of Montebello contract.
Valentine Rocha: Operations manager who currently oversees the day-to-day operations of the City of Montebello contract.
Overall the Orange County branch personnel overseeing the Montebello Bus Lines contract have extensive experience overseeing complex and large government contracts specifically including but not limited to the current contract with the City of Montebello, the Orange County Sanitation District, John Wayne Airport, and Metrolink. The branch office currently deploys over 3,000 employees, and as a company, Allied Universal staffs over 25,000 personnel in the greater Los Angeles area alone.
This deep bench of resources provides the City of Montebello assurance that there will be no lack of resources available for deployment, and that the management staff has extensive experience overseeing large, critical infrastructure-type contracts.
Identify any subcontractors by company name, address, contact person, and telephone number and project function.
Allied Universal does not intend to subcontract any of the work.
Montebello Bus Lines (MBL) reserves the right to request references.
Allied Universal is happy to provide references. Please see Exhibit B for references.
Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
Allied Universal is the largest provider of services to government agencies in the region and country.
We pride ourselves on having more resources available for surge staffing events, extra coverage
Allied Universal® Response to Montebello Bus Lines
27 requests, emergency requests, or any other staffing requirements. No other provider even comes close to having the resources available.
Current projects include several large contracts with the County of Los Angeles (Sheriff, DPSS, DHS, and Public Works); Metrolink, The City of Los Angeles, and many others. Having this additional staff in the field will complement the work required for the City of Montebello, and greatly enhance cross-training, staffing, and availability of emergency staffing if required.
Allied Universal has absolutely no issues staffing this project for the City of Montebello. On the contrary, our large footprint will enhance the safety and security of the people and property we will protect under the contract for the City.
No subcontractors are going to be utilized, so no capacity issues exist accordingly.
FIRM QUALIFICATIONS
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
Allied Universal has not been terminated for cause or default within the past five years on any government contract.
Allied Universal® Security Services is not currently, nor has ever been, involved as a debtor in any bankruptcy or insolvency proceedings, or placed in any receivership.
B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
Allied Universal is subject to routine claims, audits, and inspections in the ordinary course of business by a variety of government agencies that enforce federal, state, and local wage, labor, and employment laws. From time to time these investigations may result in findings of minor violations, which are resolved expeditiously with the applicable agency. No such matter has resulted in findings or violations having a material, adverse impact on Allied Universal or its operations; nor, to our best knowledge, information, and belief, is any such matter ongoing or pending.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
See the answer above in B
Allied Universal® Response to Montebello Bus Lines
28 D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
Allied Universal serves more transit clients in the United States than any other contract security company. We understand the unique challenges of working in a transportation environment and successfully combine world-class security and customer service training that not only helps secure your system but also enhances the agency’s brand and rider experience. Securing transit systems is different than any other security challenge. As a result, Allied Universal has developed a curriculum based on our experience, FTA, and DHS regulations. We are the only contract security company that fields a specific Transit Security Officer Training curriculum.
Our services include system-wide security and fare verification and enforcement, as well as critical infrastructure and revenue protection.
Whether working hand in hand with law enforcement agencies or directly managing the transit program ourselves, Allied Universal has the experience and track record of success our clients deserve.
Allied Universal has developed a national transit model with Vice-President of Government Services Charles Bohnenberger, former board member of the Port Authority Transit Corporation (PATCO) High-Speed Line and Governor’s Liaison to the Southeastern Pennsylvania Transportation Authority (SEPTA) Board of Directors (Philadelphia), providing executive oversight, leadership, and transit expertise. Additionally, Allied Universal is an active member of the American Public Transportation Association (APTA) serving on its Safety & Security Committees, helping develop industry bring best practices, and deploying them to our clients.
Allied Universal has been securing transit agencies well over the minimum 5-year requirement. In Southern California alone, Allied Universal has been servicing the following agencies:
Metrolink: Since 2016
Long Beach Transit: Since 2015
Riverside County Transportation Commission: 2014
Allied Universal® Response to Montebello Bus Lines
29 E. Licensed to do business in the State of California.
Allied Universal is licensed to do business in the State of California. Our PPO is attached herewith:
F. Certifications (if required)
Allied Universal is fully certified to perform security services in the State of California. See PPO attached in question E. above.
G. Experience with projects of similar size and scope.
Allied Universal has extensive experience providing services of similar size and scope. Similar contracts include but are not limited to:
Local Transit Agencies: Metrolink, Long Beach Transit, Riverside Transit Agency (RTA), Riverside County Transportation Commission (RCTC), Omnitrans
Local Government Contracts: County of Los Angeles Sheriff, County of Los Angeles Public Works, County of Los Angeles Department of Public Health, County of Los Angeles Department of Social Services, County of Los Angeles Beaches and Harbors, Los Angeles County Sanitation District, Orange County Sanitation District, County of San Bernardino, County of Ventura, County of San Diego, Orange County, City of Inglewood, the City of Los Angeles, City of Riverside, City of Beverly Hills, and many others.
H. Experience with agencies of similar size and scope as MBL.
Allied Universal® has proven experience and is dedicated to implementing the Scope of Service for Montebello Bus Lines. In addition, we have at our disposal a wealth of knowledge and experience from other regional transit districts that we support.
Allied Universal® Response to Montebello Bus Lines
30 Award-winning and Dedicated Government Services Transit Division Allied Universal® is a trusted partner to many governments and transit agencies across the country.
Our Government Services Division, consisting of former government officials and security and transit industry experts, has the experience to deliver a high degree of regulatory compliance and reporting transparency while delivering a comprehensive and effective security program. We have field proven 49 CFR Part 655 compliant Drug-Free Workplace Programs, Workplace Safety Programs, and verifiable training provided by in-house, certified trainers.
Transit Agency Experience
Allied Universal serves more transit clients in the United States than any other contract security company. We are proud to count systems like Metrolink, Long Beach Transit, Riverside County Transportation Commission, Riverside Transit Agency, Phoenix Valley Metro, Denver Transit RTD, Trinity Metro, Cap Metro in Austin, NY MTA, Miami Transit, DC Metro, San Mateo Transit, San Francisco MTA, and many more. We understand the unique challenges of working in a transportation environment and successfully combine world-class security and customer service training that not only helps secure your system but also enhances the agency’s brand and rider experience.
We are also active in the Transit Industry and have been a member of the American Public Transportation Association for more than a decade, holding seats and leadership positions in their Security Committee, helping develop best practices and standards for the industry.
Our services include system-wide security and fare verification and enforcement, as well as critical infrastructure and revenue protection. Whether working hand in hand with law enforcement agencies or directly managing the transit program ourselves, Allied Universal® has the experience and track record of success Montebello Bus Lines deserves.
I. Financial capacity.
Allied Universal® is the world’s leading security firm and is the third largest private employer in North America and the seventh largest in the world. There is no other security company that can offer the financial assets, industry expertise, and staying power to effectively transition, manage and grow security programs of virtually any size and complexity. Our financial stability is underpinned by continued organic revenue growth ranging from 3% to 7% over the past ten years. Our acquisition strategy has delivered a highly diversified company both geographically as well as the customers we serve. Our top five clients account for less than 5% of revenue and our customer base is evenly distributed with the largest being Major Corporates & Industrials comprising only 20% followed by Government at 13% and Financial Institutions at 9%. The security services industry has proven to be relatively recession-resistant and is projected to continue to have global growth annually in the 3-5% range.
As a privately held corporation owned by Warburg Pincus, a U.S. private investment fund, Caisse de dépôt et placement du Québec, a Canadian pension fund manager, Partners Group, a Swiss private investment fund, and other private investors, Allied Universal® is not required to file financial information publicly. We provide confidential quarterly financial statements for our investors and
Allied Universal® Response to Montebello Bus Lines
31 institutional lenders to meet the organization's financial control policies. Based on our current level of operations, the management team believes that our existing cash, cash equivalent balances, and the cash we expect to generate from operating activities, together with available borrowings under our credit facility, will be adequate to meet our anticipated requirements for working capital, capital expenditures, commitments, and debt service for the foreseeable future.
The Company measures its operating performance using Adjusted EBITDA, which is defined as net income (loss) before interest expense, net, income tax (benefit) expense, and depreciation and amortization (EBITDA), as further adjusted to exclude certain non-cash items and certain cash expenses management considers non-recurring, unusual or otherwise not indicative of our ongoing operating performance and to reflect the full expected effect of cost reduction and profit-enhancing initiatives, acquisitions, disposals, and related cost and revenue synergies. Adjusted EBITDA for the year ended December 31, 2020, was $938.3 million.
On December 31, 2020, Allied Universal had $300.0 million and $607.1 million available for borrowing under its revolving credit facility and ABL credit facility, respectively. The Company’s total liquidity on December 31, 2020, was $1,878.0 million, which included unrestricted operating cash of $970.9 million.
Current financial statements can be provided upon request.
Allied Universal® Response to Montebello Bus Lines
32
Allied Universal® Response to Montebello Bus Lines
1 ATTACHMENTS/EXHIBITS/EXCEPTIONS
REQUEST FOR PROPOSAL (RFP) No. 22-7
Presented to:
Rohan Anderson
Senior Procurement Analyst
Presented by:
Tad Garabedian
Government Specialist
8/11/2022
Allied Universal® Response to Montebello Bus Lines
2 EXHIBIT A: INDEMNIFICATION, HOLD HARMLESS
AGREEMENT, WAIVER OF SUBROGATION AND
CONTRIBUTION
Allied Universal® Response to Montebello Bus Lines
3 EXHIBIT B: REFERENCES
Allied Universal® Response to Montebello Bus Lines
4 EXHIBIT C: INSURANCE
Allied Universal’s insurance requirements outlined in the contract documents can be obtained and will be carried out without reservation or exclusion should Allied Universal be awarded a contract pursuant to this RFP. A sample COI is attached below:
Allied Universal® Response to Montebello Bus Lines
5 EXHIBIT D: COST PROPOSAL SHEET
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $19.00 $28.12 $42.18 $245,656.32 Standard Officers Metrolink, CA 168 $19.00 $28.12 $42.18 $245,656.32 Transit Officers On Bus Lines, CA 336 $20.00 $29.60 $44.40 $517,171.20 Mobile Transit Security Supervisor Mobile, CA 168 $23.00 $34.04 $51.06 $297,373.44 Sub-Total 840 $1,305,857.28
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $14,544.00
Sub-Total $50,484.00
Grand Total $1,356,341.28
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $20.00 $29.60 $44.40 $258,585.60 Standard Officers Metrolink, CA 168 $20.00 $29.60 $44.40 $258,585.60 Transit Officers On Bus Lines, CA 336 $21.00 $31.08 $46.62 $543,029.76 Mobile Transit Security Supervisor Mobile, CA 168 $24.00 $35.52 $53.28 $310,302.72 Sub-Total 840 $1,370,503.68
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $15,416.64
Sub-Total $51,356.64
Grand Total $1,421,860.32
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $21.00 $31.08 $46.62 $271,514.88 Standard Officers Metrolink, CA 168 $21.00 $31.08 $46.62 $271,514.88 Transit Officers On Bus Lines, CA 336 $22.00 $32.56 $48.84 $568,888.32 Mobile Transit Security Supervisor Mobile, CA 168 $25.00 $37.00 $55.50 $323,232.00 Sub-Total 840 $1,435,150.08
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $16,341.64
Sub-Total $52,281.64
Grand Total $1,487,431.72
City of Montebello
Rate Card and Total Spend - Year 3
Rate Card and Total Spend - Year 2
City of Montebello
Rate Card and Total Spend - Year 1
City of Montebello
Allied Universal® Response to Montebello Bus Lines
6 The suggested deployment based on the proposed costs herein are as follows:
Montebello Bus Lines HQ: 1 officer on duty 24/7/365.
Metrolink Station: 1 officer on duty 24/7/365.
Bus Riding Specially Trained Transit Security Officers: Our proposal is based on the deployment of three (3) two (2) man teams being deployed each day. Schedule each day would be as follows:
Team 1 (two officers): 4:30am – 12:30pm 7 days/week
Team 2 (two officers): 9:30am – 5:30pm 7 days/week
Team 3 (two officers): 2:15pm – 10:15pm 7 days/week
Dedicated Mobile Supervisors: Dedicated mobile supervision will be provided 24/7/365. The mobile supervisor will be provided a company vehicle and will be responsible for providing 2 inspections per post per shift. The mobile supervisors will be available at all hours to assist static posts (HQ and Metrolink sites) as well as transit security officers with any issues encountered while riding bus lines.
HELIAUS: All posts will be equipped with our proprietary HELIAUS guard tour system.
The proposed plan took into consideration the overall spending for the City of Montebello. Allied Universal is proposing this plan as a basis for deployment discussion with the City. We welcome and encourage an open dialogue with the City to discuss increases or decreases in the proposed services.
Allied Universal® Response to Montebello Bus Lines
7 EXHIBIT E: STATEMENT OF DISADVANTAGED BUSINESS
ENTERPRISE PARTICIPATION
Allied Universal® Response to Montebello Bus Lines
8 EXHIBIT F: BIDDER’S LIST OF SUBCONTRACTORS (DBE
AND NON-DBE)
Allied Universal® Response to Montebello Bus Lines
9 EXHIBIT G: CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
Allied Universal® Response to Montebello Bus Lines
10 EXHIBIT H: PERFORMANCE GUARANTEE CERTIFICATION
Copy of Bid Bond found on following pages
Allied Universal® Response to Montebello Bus Lines
11 EXHIBIT I: PERFORMANCE BOND
Allied Universal® Response to Montebello Bus Lines
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Allied Universal® Response to Montebello Bus Lines
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Allied Universal® Response to Montebello Bus Lines
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Allied Universal® Response to Montebello Bus Lines
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Allied Universal® Response to Montebello Bus Lines
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Allied Universal® Response to Montebello Bus Lines
17 EXHIBIT J: Irrevocable Standby Letter of Credit Certificate
Allied Universal® Response to Montebello Bus Lines
18 EXHIBIT K: BANK DRAFT
Allied Universal® Response to Montebello Bus Lines
19 EXCEPTIONS
We note the requirement in Section 3 “Licensing and Permits” paragraph on page 17 of the RFP for the Contractor to be “bonded.” Is that a reference to a license bond or a fidelity bond? If it is the latter, the dishonest acts of our Allied Universal’s personnel are covered by Commercial Crime Insurance, but we do not bond our employees. We respectfully request that Commercial Crime Insurance be permitted to be substituted for fidelity bonding.
Allied Universal respectfully requests that Section 1 of the template Professional Services Agreement be revised to add the following as new Section 1.F on page 33 of the RFP to permit the Contractor to raise billing rates when and as needed to recoup increases in certain costs that are outside of the Contractor’s control:
• Rate Adjustments - Notwithstanding anything to the contrary, in the event that Contractor experiences an increase in its costs resulting from any increase, whether or not anticipated, in or resulting from: (1) Federal, state or local taxes, levies, or required withholdings imposed or assessed on amounts payable to and/or by Contractor hereunder or by or in respect of Contractor to its personnel; (2) Federal, state or local minimum wage rates, mandated paid time off and/or sick leave, changes in overtime wage regulations, uniform maintenance expenses or other required employee allowances, licensing fees, or wage, medical, welfare and other benefit costs under collective bargaining agreements; and/or (3) costs related to medical and/or welfare benefits and other requirements, including without limitation costs incurred by Contractor pursuant to applicable federal, state and/or local law, the hourly billing rates set forth in Exhibit “D” shall be increased by a percentage equal to the percentage increase in Contractor’s costs resulting from the items set forth in this paragraph. Contractor will provide the City notice of such change in the hourly billing rates. Notwithstanding anything to the contrary, Contractor may pass through the costs set forth in this paragraph to the City as incurred or accrued and the City shall pay Contractor for such costs.”
Allied Universal respectfully requests that Section 2 of the template Professional Services Agreement on page 33 of the RFP be revised to add the following as the last sentence to clarify that extension of the term for any option year is contingent on agreement of the parties as to the hourly bill rates for such option year:
• “Anything to the contrary notwithstanding, extension of the term for either option year is contingent on agreement by the parties as to the hourly billing rates for such option year.” Allied Universal respectfully requests that Section 8.B of the template Professional Services Agreement on page 35 of the RFP be revised to give the Contractor the reciprocal right to terminate the Agreement for convenience on 90 days’ prior written notice to the City.
Allied Universal stands behind our security services and regularly accepts the obligation to indemnify and defend clients for the portion of any losses, costs or damages that are caused by the negligent acts or omissions of our personnel in the performance of security services under client agreements. We respectfully request that the provisions cited below be revised as follows to reflect those parameters:
• Section 14 of the template Professional Services Agreement on page 37 of the RFP:
o On line 6, replace the phrase “arising out of” with the phrase “to the extent caused by.”
Allied Universal® Response to Montebello Bus Lines
20 o On lines 7-8, delete the phrase “except only liability arising out of the sole negligence of CITY” in its entirety.
• Exhibit A Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution:
o On lines 5-6, replace the phrase “resulting from” with the phrase “to the extent caused by.”
o Delete the following sentences in their entirety:
▪ Second sentence beginning with the phrase “This indemnity” on line 10. ▪ Sixth sentence beginning with the phrase “Notwithstanding the foregoing” on line 16.
We note the requirement of Professional E&O Liability insurance in the paragraph titled “Professional Errors and Omissions (E&O) Liability” in Section 15 of the template Professional Services Agreement on page 38 of the RFP. Allied Universal carries E&O insurance as part of the Commercial General Liability policy, and not as a standalone policy. We respectfully request that the following be added as the last sentence of the cited paragraph to reflect those parameters:
• “Such coverage may be combined with the Commercial General Liability limits.” We note that the City requires that the City’s rights as an additional insured extend to the Contractor’s entire tower of insurance. Note Section 15 of the template Professional Services Agreement, the paragraph that immediately follows the paragraph titled “Professional Errors and Omissions (E&O) Liability” on page 38. Allied Universal is a large security provider and maintains insurance limits that are commensurate with our size and scope of operations. This requirement may appear facially fair, but in effect it compels big firms to provide much larger amounts of insurance. Although each bidder may offer the specified insurance coverage, in the case of a large bidder, the City would be getting access to tens of millions more insurance than it would from other smaller bidders. Such a result is unfair. That requirement also effectively precludes us from accessing any portion of our insurance to satisfy other claims from time to time. However, we appreciate the City’s desire for additional coverage, and therefore we propose a compromise whereby Commercial General Liability limits will be increased to $10 million per occurrence and Auto Liability limits will be increased to $5 million per accident in exchange for deletion of the cited paragraph. Is that compromise acceptable? Allied Universal routinely adds clients as additional insureds on our insurance policies, so long as our obligations are aligned with our indemnification obligations and limited to the specified insurance limits we have agreed to provide. The foregoing parameters are stated in our contracts, and the additional insured endorsements to all of our insurance policies cover each additional insured to the extent of those contractual requirements. Our additional insured endorsements are broadly written to cover each additional insured “where required by written contract.” Furthermore, because our additional insured endorsements are blanket endorsements, additional insureds need not be expressly named in order to be covered. We respectfully request that the provisions cited below be revised as follows to reflect those parameters:
• Section 15 of the template Professional Services Agreement, last paragraph on page 38 of the RFP:
o Insert the following as the first sentence:
▪ “The CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers shall be included as additional insureds, to the extent of
Allied Universal® Response to Montebello Bus Lines
21 CONTRACTOR’S indemnification obligations under this Agreement and up to the required insurance coverage amount, on the CONTRACTOR’s general liability and automobile policies of insurance.”
o On line 2, replace the word “naming” with the word “including.” o On line 3, insert the phrase “where required by written contract” at the end of the sentence after the phrase “additional insureds.”
o Insert the following sentence before the phrase “All of the policies” on line 3:
▪ “Coverage may be provided by a blanket endorsement that covers all additional insureds where required by written contract.”
• Exhibit C “Insurance”
o Delete the last sentence of Section F in its entirety.
Allied Universal® Response to Montebello Bus Lines
22
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4040
WITH ALLIED UNIVERSAL PROTECTION SERVICE, LP dba ALLIED
UNIVERSAL SECURITY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on November 16, 2022 (“Effective D ate”), by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and ALLIED UNIVERSAL PROTECTION SERVICE, LP dba ALLIED UNIVERSAL SECURITY SERVICES ( the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide unarmed, fixed post and mobile security guard services for the City’s transit system; and
W HEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by vi rtue of its experi ence and the training, education and expertise of its principals and employees; and
WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated June 23, 2022 (“RFP No. 22-7 ”), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Cont ractor Proposal”).
NOW THE REFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. T he above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits.
b. CONTRACTOR’S Proposal to RFP No. 22- 7 dated August 11, 2022 and “Best and Final Offer” dated October 14, 2022, attached hereto as Exhibit “B”.
c. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
PROFESSIONAL SERVICES AGREEMENT NO. 4040
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP No. 22- 7 and Contractor ’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference ( hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed- upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a sum not -to-exceed Two Million, Seven Hundred and Nine Thousand, Two Hundred and Thirty -Nine Dollars ( $2,709,239) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “B ”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. T ERM.
This A greement sh all c ommence on November 16, 2022, and shall be valid for three (3) years from the Effective Date, with two (2), one-year options, unless terminated earlier as hereinafter provided. Each of the two (2), one -year options shall only be effective upon a duly executed amendment presented to the City’s City Council for approval.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR sh all at all tim es, faithfu lly, competently, and to t he best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR sh all employ, at a minimum, genera lly accepted standards a nd practices utilized by companies engag ed in providing sim ilar services, as a re required of CONTRACTOR hereunder, i n meeting its o bligations under this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4040
c. The CONTRACTOR sh all be knowledgeabl e of and subjec t to al l CI TY ordinances, rul es and regul ations, standard oper ating pr ocedures, and t he supervisory chain of command.
d. The CONTRACTOR shall have t he rig ht to retai n, subj ect to the CITY's ap proval, a dditional individuals, contractors or sub contractors to assist in the compl etion of services as herein define d. C ompensation for addition al individuals, contractors or sub contractors sh all be t he sole and excl usive responsibility of the CONTRACTOR.
e. The CONTRACTOR sh all r etain al l original reports, fiel d an d o ffice notes, correspondence, calcul ations, maps , an d other documents specificall y related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to t he a ttorney- client privilege or any other law. Said do cuments sh all be made ava ilable for inspection by the CITY upon request.
SECTION 5. WOR K PRODUCT.
a. The CONTRACTOR hereby agrees that all non- proprietary work product produced pursuant t o this Agreement, and provided to the CITY during and upon compl etion of this Agreement, sh all be t he property of t he CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retai n co pies of such wr itten p rod ucts as desired, but no such written products sh all be t he subje ct of a copyrig ht app lication by the CONTRACTOR.
b. All dat a, do cuments, discussion, or other inform ation develop ed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. T he CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY upon the termination or expir ation of this A greement. The CONTRACTOR agree s that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No ex tra ser vices over and above the Compensation sh all be render ed by the CONTRACTOR under this Agreemen t unless such extra servi ces first shall have been d uly authorized in wri ting by t he CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and sh all be the CITY’s agent with r espect to obtaining the CONTRACTOR’s compliance hereunder.
SECTION 8. T ERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this A greement at the time and i n the manner required, t he non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
PROFESSIONAL SERVICES AGREEMENT NO. 4040
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non- defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience . T he CITY shall have t he option, at its sole discretion and without cause, to terminate this Agreement in wh ole, or in part, by giving t en ( 10) busine ss day s’ written noti ce to the CONTRACTOR. Upo n the termination of this A greement as pro vided herei n, t he CITY sh all provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had compl eted as of t he date of termination, l ess t he amou nt of al l pre vious payment with r espect to t he Compensation. Further, upon such a termination for convenience by the CITY, the Parties agr ee that the CONTRACTOR sh all be reimbur s ed for an y “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: ( 1) such “non- refundabl e” costs w ere i ncurred by the CONTRACTOR prior to t he date of termination, and ( 2) th at the CONTRACTOR provides t he CITY with adequat e proof that the CONTRACTOR incurred the costs, and is una ble to be seek a refund for such costs. S uch “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR f or its perfo rmance of services under this Agreement . The CONTRACTOR agrees t o cease all w ork under this Agreement on o r b efore t he effective date of any notice of termination.
SECTION 9. EMP LOYMENT OF CITY EMPLOYEES.
No regul ar employ ee of t he CITY sh all be employ ed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON- LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which m ay become due to the CONTRACTOR.
SECTION 11. I NDEPENDENT CONTRACTOR.
a. T he CONTRACTOR is and shall, at al l times, remain as t o the CITY a wholly independent contractor. Neither t he CITY nor an y of its el ected o fficials, officers, employee s, or a gents sh all h ave contr ol o ver t he conduct o f the
PROFESSIONAL SERVICES AGREEMENT NO. 4040
CONTRACTOR except as ex pr essly set forth in this Agreeme nt. Th e CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elect ed official, o fficer, employ ee, or agent of t he CITY. N o employee benefits sh all be availa ble to the CONTRACTOR in connecti on with the performan ce of this Agreement. Except as provided in this A greement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereund er f or the CITY, the CITY shall not b e liable for compensation to the CONTRACTOR, the CONTRACTOR’s em ployee s o r the CONTRACTOR’s sub contractors f or injur y or sickness arisi ng out o f p erforming services hereunder.
b. T he
parti es fu rther ackno wledge and agr ee that nothi ng in this Agreement sh all create or be constr ued to create a pa rtnership, joint ventur e, employment rel ationship or an y other rel ationship except as set f orth in this Agreement.
c. The CITY sh all not dedu ct fr om t he Compe nsation paid to the CONTRACTOR a ny sums requir ed for S ocial S ecurity, withholdi ng tax es, FICA, state disa bility insurance or any other fed eral, state or l ocal t ax or charge which may or may n ot be in effect or hereina fter enact ed or requir ed as a charg e or withholding on t he compensation p aid to the CONTRACTOR. The CITY sh all have no r esponsibility t o provi de the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In t he
event that the CONTRACTOR or any employee, agent, or
subcontractor of the CONTRACTOR providing services under this Agreement claims o r is d etermined by a court of competent jurisdiction or CalPERS t o be eligible for enro llment i n CalPERS as an employee of t he CITY, the CONTRACTOR sh all ind emnify, defend, an d hol d harmless the CITY for the payment of any employee and/or employer contributions f or CalPERS benefits on behalf of the CONTRACTOR or its employees, agents, or sub contractors, as well as for t he payment of a ny p enalties and i nterest on such con tributions, which would ot herwise be the responsibility of the CITY.
c
. N otwithstanding any other agency, state or feder al p olicy, rul e, regulation, law or ordinance to t he contr ary, the CONTRACTOR and any of its employees, a gents, a nd sub contractors providing service under this A greement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compens ation, benefit , o r an y i ncident o f employment by the CITY, including but not limited to e ligibility to enroll in PERS as an employee o f the
PROFESSIONAL SERVICES AGREEMENT NO. 4040
CITY and entitl ement to any con tribution to be p aid by the CITY f or employ er contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGA L RESPONSIBILITIES.
The CONTRACTOR shall at all tim es observe and comply with all app licable laws, ordinances, c odes, and reg ulations of the f ederal, stat e, and loc al g overnments including, but not limited to the Montebe llo Mu nicipal Cod e. T he CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. I NDEMNIFICATION.
The CONTRACTOR agrees to, and sh all d efend, ind emnify, protect a nd h old harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteer s from and ag ainst an y a nd all claim s, demands, lawsuit s, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be im posed upo n them for injuries or deaths of persons, or damage t o property arising out of the CONTRACTOR’s neg ligent or wrongf ul act, or omission under t he terms of this Agreeme nt, except only liability arising out of t he sole negligence of the CITY.
SECTION 15. I NSURANCE COVERAGE.
a. D uring t he term of this Agreement, the CONTRACTOR sh all carry, maintain, and kee p in ful l force and e ffect i nsurance agai nst claims f or de ath or injuries to p ersons or damages to property that m ay arise from or in connecti on with CONTRACTOR’s performance of this Agreement. S uch insurance shall be of the types and in the amounts as set forth below:
• Commercial Gen eral Liabil ity (CGL) : In surance S ervices Office Form C G 00 01 cov ering CGL on an “ occurrence” basis for bod ily inj ury and property d amage, i ncluding products-completed op erations, person al inj ury, an d advertising inj ury, with l imits no l ess than $1,00 0,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• B
usiness Automobile Lia bility Ins urance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (h ired) and 9 (n on-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as requir ed by t he laws of t he State o f California, with St atutory L imits, and Employ er’s Lia bility I nsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Lia bility insurance appropri ate to t he CONTRACTOR’S profession, with limit no less than $2,00 0,000 per occurrence or claim, $2,000,000 aggregate.
b. If t he CO
NTRACTOR mai ntains higher limits than t he minimums shown
PROFESSIONAL SERVICES AGREEMENT NO. 4040
above, t he CITY requir es and sh all be entitl ed to cov erage for t he higher limits maintained by the CONTRACTOR.
c. The CONTACTOR sh all require each of its sub contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. T he p olicy or p olicies requir ed by this A greement sh all be issued by an insurer admitted in the State of California and with a current r ating of at least A :VII in the latest edition of Best's Insurance Guide.
e. E ach insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days f or non-payment) has be en giv en to t he C ITY. The CONTRACTOR a grees that if it does no t keep the aforesaid insurance in full force and e ffect the CITY may either (i) immediately terminate this A greement for Cause; or (ii) take out t he necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. E
vidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this A greement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional i nsured. The CONTRACTOR shall, prior t o commencement of w ork under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONTRACTOR shall provide proof tha t p olicies of insurance required herein expiri ng duri ng t he term of this Agreement have be en renew ed or replaced wit h other policies providing at least t he same coverage. S uch proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. T he gener
al liability and automobile policies of insurance require d by this Agreement shall contain an endorsement naming the CITY, its officers, employees,
PROFESSIONAL SERVICES AGREEMENT NO. 4040
agents and volunteers as addition al insureds. All of the policies required under this Agreement sh all co ntain an endor sement providing that t he p olicies cannot be canceled or red uced except on thi rty days’ prior wri tten notice to t he CITY. The CONTRACTOR agrees to require its i nsurer to modify t he certificates of i nsurance to delete any exculpatory wording stating that failure of t he insurer to mail wri tten notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. T he
i nsurance provided by the CONTRACTOR shall be primary to any coverage availa ble to the CITY. A ny i nsurance or self-i nsurance maintained by the CITY, its o fficers, employees, agents, or volunteers, sh all be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All i nsurance cov erage pro vided pursua nt t o this A greement sh all n ot prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving t he right of subrogati on prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
m. A ny deductibles or self-insured retentions must be declared to and approved by the CITY. A t the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
n. Pr ocurement of insurance by t
he CONTRACTOR shall not be construed as
a limitation of the CONTRACTOR'S liability or as full perfo rmance of CONTRACTOR’s duti es to indemnify, h old ha rmless an d defen d und er the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall n ot subcontract, d elegate, or assig n its duties or rights hereunder, either in whole or in pa rt, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any su bcontract, d elegation or assignment sh all be made in t he name o f the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any o bligations und er this Agreement i ncluding, bu t n ot limited to, t he duty to prop erly supervise and coordinate the w ork of employees, assignees, d elegees or sub-contractors. No such subco ntract, d elegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WA IVER.
Waiver by any p arty hereto of any te rm, condition or covenant of this Agreemen t shall not constitute the waiver of any other term, condition, or covenant hereof.
PROFESSIONAL SERVICES AGREEMENT NO. 4040
SECTION 18. DI SPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding t he interpretation or appli cation of an y p rovision(s) of thi s Agreement shall, to t he extent reasonably feasible, be resolved through good faith negotiations between t he P arties. If any action at la w or in equity is broug ht t o enforce this Agreement or b ecause of a lleged disput e, breach, default o r misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action sh all be entitl ed to reasona ble attorney’s fee s, expert fees, costs a nd necessar y d isbursements i ncurred in that action or proceeding, in addition
t o such other relief as m ay be sought and aw arded. T he venue f or any litigation sh all be County of Los Angel es, Ca lifornia. T he Parti es agr ee that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORN EY’S FEES AND COSTS.
If litigation is reasona bly required to enforce or i nterpret t he provisions of thi s Agreement, t he prevailing pa rty in such litigation sh all be entitl ed to an a ward of reasonable attorney's fees and costs in additi on to any other relief to which it m ay be entitled.
SECTION 20. WA RRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and ha s relied solely on the statemen ts expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MI SCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
PROFESSIONAL SERVICES AGREEMENT NO. 4040
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), persona lly or on the second (2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepaid, register ed or c ertified, addr essed as h ereinafter pro vided. All noti ces, demands, requests, or approvals hereund er sh all be giv en t o the fo llowing addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Lupita Ibarra, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 101
(323) 887- 4643 (Fax)
[email protected]
If to Contractor: Allied Universal Protection Service, LP dba Allied Universal Security Services
Attn: Steve Claton, President
765 The City Drive, Ste. 150
Orange, CA 92868
(714) 360 - 5077
[email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 4040
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the perfo rmance of this A greement, the CONTRACTOR shall no t discriminate against any employee, sub-contractor, or app licant f or employment because o f race, color, creed, re ligion, sex, marital st atus, national or igin, ancestry, age , p hysical or ment al h andicap, ment al co ndition or sexua l orientation. The CONTRACTOR will ta ke affi rmative action t o en sure that sub- contractor an d a pplicants are employed, a nd that employees are treated d uring employment, without regard to their race, color, cree d, religion, sex, marital status, national ori gin, a ncestry, age, physi cal or ment al h andicap, medica l co ndition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be perfo rmed by the CONTRACTOR under this A greement, or which wo uld conflict in an y manner wit h the performan ce of its servi ces h ereunder. The CONTRACTOR fu rther co venants th at, in perf ormance of this A greement, no person havi ng an y such i nterest sh all be employed by it. Fu rthermore, the CONTRACTOR sh all a void t he appe arance of havi ng an y interest that wo uld conflict in any manner with th e perfo rmance of its services pursuan t to this Agreement.
The CONTRACTOR covenants not to give or r eceive any compensation, monetary or otherwise, to or from the ultim ate vendor(s) of services to the CITY as a r esult of t he performance of this Agreeme nt, or t he servi ces that m ay be procured by t he CIT Y as a r esult of t he recommendations mad e by the CONTRACTOR. The CONTRACTOR's co venant unde r this secti on sh all sur vive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Ag re eme nt contai ns t he entir e understandi ng between t he CITY a nd the CONTRACTOR. Any prior agreements, promises, negotiations or represent ations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writi ng and signed by each party. If an y term, conditi on, or covenant of this A greement is h eld by a court of competent jurisdiction to be inva lid, voi d, or unenforceabl e, t he remaini ng provisions of thi s Agreement shall be valid and binding.
[S
IGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4040
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO ALLIED UNIVERSAL
PROTECTION SERVICE, LP dba
ALLIED UNIVERSAL SECURITY
SERVICES
René Bobadilla, City Manager Steve Claton, President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 22-7
• Exhibit B – Contractor’s Scope Of Services
Exhibit “A”
RFP NO. 22-7
Montebello Bus Lines
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 22-7
Unarmed Transit Security Guard Services
June 23, 2022
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://www.planetbids.com
Unarmed Transit Security Guard Services RFP No. 22-7
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 3
COVER LETTER 4
TIMETABLE & SCHEDULE OF EVENTS 5
PROPOSAL SUBMISSION CHECKLIST 6
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS
9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-19
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-30
SECTION 5 - QUALIFICATIONS 31
Unarmed Transit Security Guard Services RFP No. 22-7
3 Montebello Bus Lines
SECTION 6 - FORM OF CONTRACT (SAMPLE) 32- 43
SECTION 7 - FORMS AND CERTIFICATIONS 44-46
Letter of Transmittal
EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
Unarmed Transit Security Guard Services RFP No. 22-7
4 Montebello Bus Lines
Introduction/ Background
The City of Montebello ( “City”), Montebello Bus Lines ( “MBL”), is soliciting competitive proposals from fully qual ified and experienced security c ontractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system. MBL’s top priority is to provide safe and secure public transportation services to City residents and neighboring communities.
As the third-largest municipal bus system in Los Ange les County, MBL proudly serves 4.5 million passengers annually throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
MBL’s transit system consists of 35 -40ft buses (including three electric buses); thirty-eight hybrid and twenty-eight Compress Natural Gas (CNG) buses, one 25ft cutaway shuttle, nearly 1,000 bus stops, and 2 transit hubs. The agency provides service to eight fixed routes, the longest of which is 27.2 miles. On any given week the buses are on the road for an average of 810 hours, providing connections to neighboring transit agencies such as METRO, Norwalk Transit, Foothill Transit, and Metrolink.
The awarded contractor (“Contractor”) will work with MBL, the Montebello Police Department (“MPD”), and jurisdictional partners to provide a safe and secure environment for our passengers and bus operators, generate positive customer engagement, and address nuisance behaviors within MBL’s transit system. The Contractor will deploy unarmed transit security guards wearing noticeable uniforms, to patrol the system and engage with passengers; and provide a visible and accessible security presence for MBL’s eight (8) fixed -routes, the Montebello/Co mmerce Metrolink Station, and MBL’s main transportation facility. In additon, the Contractor will be required to comply with Equal Employment Opportunity laws and all applicable federal, state and local laws, and requirements. The City hereby notifies all Contractors/Offerors that the City will affirmatively assure that Disadvantaged Business Enterprises (“DBE”) are afforded full opportunity to participate in the performance of contracts and sub -contracts financed in part or in whole with funding provided under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award. Proposals must be submitted in accordance with the conditions outlined in the Request for Proposal (“RFP”) attached hereto.
The City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
Unarmed Transit Security Guard Services RFP No. 22-7
5 Montebello Bus Lines
DATE: June 23rd, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 22-7
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
UNARMED TRANSIT SECURITY GUARD SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced security contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system.
The term o f the proposed agreement shall be for three -year term with two one -year term options commencing upon the date of the contract execution between the City and the successful Contractor.
A Pre-Proposal Meeting will be held on Thursday, July 7 , 2022. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk -thru will follow the meeting. Proposers must abide by all Federal, State, local, and City coronavirus (COVID-19) protective measures (e.g., face coverings) at all times while onsite.
It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All subs tantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City ’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiri es received via telephone or orally in- person will not receive a response.
Proposals must be received by Thursday, August 11, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The Cit y hereby notifies all prospective Proposers that the City will require each Proposer
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affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.
The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Lupita Ibarra
Title: Director of Transportation
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov
TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 23th, 2022
Pre-Proposal Meeting Thursday July 7th, 2022
Deadline to Submit Questions Thursday July 14th, 2022, at 3:00 PM PST Responses to Questions Provided Tuesday July 26th, 2022 Deadline to Submit Proposals Thursday August 11th, 2022, at 3:00 PM PST Presentations & Intent to Award Week of August 22nd, 2022
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PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 44
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
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SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the City of Montebello’s official website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, August 11, 2022.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.
Proposals shall be typed, single -spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.
All requests for exceptions or deviations as a result of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form pre scribed herein. Failure to respond in this manner may render the proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bou nd by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.
CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the PlanetBids.com web page.
All questions, clarifications or comments must be submitted to or no la ter than 3:00 pm, Thursday, July 14th, 2022. No questions will be answered individually by the City or Transportation Departments.
Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not re sponsible for failure to respond to a request that has not been submitted in accordance with this section.
Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.
Every attempt will be made to provide respon ses to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
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DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work mu st be performed. No Proposing Company shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completio n of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Proposer’s implementation and performance.
PROPOSAL SIGNATURES
If an individual makes the proposal it shall be signed and the full name and address of the Proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the proposal in response to this request.
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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.
3. Accept all or any part of a proposal.
4. Cancel the entire RFP;
5. Issue subsequent RFPs;
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each proposal received shall become the exclusive property of the City and, unless the City’s prior written agreement to maintain all or part of a proposal confidential as a trade secret is first obtained, each proposal shall be subject to disclosure pursuant to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof absent such agreement; nor shall such agreement preclude the City from disclosing any Proposal or portion thereof where such disclosure is required by law.
JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime -sub Contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint
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venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Pr oposer will not be tolerated and the offense can be justification for termination of contract. All sub-Contractors of successful Proposer shall abide by all the requirements set forth in this section.
SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days prior to the proposal due date; or within five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.
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TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related p rofessional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of invoice.
Payment Schedule: Monthly
Provide (1) One invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a Contract modification.
Contract Termination: MBL may terminate any resulting Contract for convenience at any time by giving the Contractor written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to effect such termination, determined in accordance with Part 1 -8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Contractor a percentage of the project, which relates to Contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the Contractor breaches the terms or violates the conditions of the Contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The Contractor shall be liable for any and all costs incurred by MBL as a result of such default.
SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services
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of the type prescribed. Any items omitted from such specifica tions which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The agreement resulting from this RFP (the “Agreement”) will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement sha ll exist until the City C ouncil or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the Proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.
Point of Contact
This RFP is issued by the City, and the Senior Procurement Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
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City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Procurement Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com
EVALUATION OF PROPOSALS
MBL uses a selection process in whi ch proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personn el, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Technical proposals will be reviewed and scored first without consideration fo r price. The committee will then open the cost and price proposals and evaluate and score them accordingly. During the technical evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the technical and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal.
A list of top -ranked proposals within a competitive range will be developed ba sed upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
If the committee determined it to be necessary, it may then conduct interviews and negotiations with short-listed Proposers. As no other interview dates are available. Proposers who are unable to attend their interview as scheduled may be eliminated from further participation. The interview may consist of a short presentation by the Proposer after which MBL may ask questions and/or request clarification related to any element of a proposal and its qualifications. MBL may also enter negotiations with the Proposer.
At the conclusion of interviews and negotiations, the evaluation committee may choose to proceed using one of the following processes:
The committee may find it necessary to re -score the proposals in light of information gained during the interviews and negotiations process. The propos als will be scored in the same manner as the original proposals.
The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for submission of the revised proposals. If a Proposer is unable to meet the deadline
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or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.
Proposers remaining within the competitive range may be asked to submit a Best and Final Offer (BAFO).
In the BAFO request, the Proposers may be asked to provide additional information, confirm or clarify issues and submit a final cost/price offer. A deadline for submission will be stipulated. The BAFO’s will be scored in the same manner as the original proposals.
After the BAFO’s are evaluated and scored, the evaluation committee may recommend a proposal with the highest final ranking or a short list of top ranked proposals within the competitive range whose offers(s) are the most advantageous to MBL.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria · Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that proposer can meet the insurance requirements in the RFP should be attached to proposal. (P/F)
· Proposer has demonstrated at least five (5) years of transit security service experience. (P/F) · Proposer has demonstrated previ ous experience working for or with public agencies, transit entities, or corporations on security project. (P/F)
If the Proposer does not meet any of the criteria mentioned above, their proposal may not be considered for evaluation:
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The Proposer’s qualitative proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work. 20 points
2 Proposed Project Team
Qualifications and experienc e of managemen t and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of Security Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing security services projects of the same or similar magnitude. Presentation of a catalog of transit security experience and expertise most advantageous to the City.
15 points
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4 Technical Approach
Understanding of the RFP requirements and i llustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting. 30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
All other Price proposals will be scored as follows:
Proposer Price Score = Best Price proposal x 25 (Total Points Available for Price Evaluation).
SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Contractor shall be licensed , bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services including, but not limited to, a Californ ia Private Patrol Operator’s License issued by the Department of Consumer Affairs.
The Contractor and its employee shall possess all license s, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. The contractor is responsible for ensuring that any Security Guard working at a n MBL site is properly licensed under California law.
Contractor’s security guards shall be registered and have a valid guard registered card in their possession while on duty. Guard registration guard shall be presented to MBL upon request. If a guard is unable to present his/her guard registration card upon demand, he/she shall be reli eved from duty and the contractor shall provide a security guard who has appropriate credentials in his/her possession.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature
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of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $250 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 10% of the first year bid price.
In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or b e unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the PlanetBids.com Portal.
Performance Guarantee
A Performance Guarantee in the amount of 100% of the Agreement first year value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.
The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.
If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking
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institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifica lly reference the Contract between the City and the Contractor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.
SECTION 4 – SCOPE OF WORK
The City, through MBL, is soliciting competitive proposals from fully qual ified and experienced security Contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system. The purpose of these services is to patrol the system and engage with passengers; and provide a visible and accessible security presence for MBL’s eight (8) fixed -routes, the Montebello/Commerce Metrolink Station, and MBL’s main transportation facility. With oversight and support provided by MBL and the Montebello Police Department (“MPD”), the Contractor shall deploy security officers to perform the services, outlined in the Scope of Work, for a three-year term with the option for renewal of up to two (2) additional one-year (1-year) terms.
The selected Contractor shall furnish all insurance, licenses, permits, supervision, equipment, uniforms, transportation, labor, benefit and taxes throughout the term of the agreement. The Contractor will adhere to all applicable State of California, Los Angeles County, and City rules and regulations. In addition, the City will suggest and provide policy direction that ensures all passengers arrive at their destination safely.
The security Contractor will assist in the creation and implementation of safe practices.
Project Overview
As MBL strives to increase its se curity profile, staff recommended that the City adopt a hybrid security deployment strategy that utili zes contracted security with oversight and support from the MPD. The security Contractor will be properly trained, supervised, and have a performance metrics that will allow both MBL and MPD to manage their activities. This approach will expand MBL’s secur ity presence and create an environment that gives passengers and bus operators a peace of mind as they ride within our transit system. MBL has adopted a hybrid security deployment strategy.
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The contracted security must be able to assess a situation quickl y and take appropriate action, without hesitation, within their scope of authority. They must be capable of de-escalating most any situation and help to resolve conflicts that arise between customers, as well as between customers and Bus Operators.
They must be able to work cooperatively and effectively with their assigned partners, MBL Dispatch and Field Supervisors, M PD Transit Liaison Police Officer s and other law enforcement personnel within the jurisdiction the buses are being operated.
During operation and non -business hours, the contracted s ecurity personnel must remain vigilant and attentive, assist in monitoring CCTV systems , and providing foot patrols on their assigned bus route or post in order to control access, prevent or detect crime an d respond to incidents as appropriate .
Contractor employees assigned to MBL must be of the highest professional quality, well -trained and experienced in all relevant security, first aid and terrorism awareness concepts and able to provide excellent, attentive compassionate and unbiased customer and security service at all times.
Contractor Responsibilities
The Contractor will provide all services, locations, hours and staffing described herein, subject to prior MBL approval. Contractor agrees that the sched ules set forth in a staffing plan may be changed at any time, without any penalty to MBL, provided MBL provides at least seven (7) business days’ notice of the change.
Contractor will provide and manage Security Officers and Security Supervisors for all shifts in accordance with this Scope of Work and the Post Orders.
Contractor will assign mobile Security Supervisors to conduct frequent Post Inspections each week, two (2) per night at each post (Transit main facility, Metrolink station, transit centers and of the on-duty Transit Security Liaison Officer teams) all during hours of darkness and at random times. The Supervisor will conduct these inspections and document and report them in the manner MBL approves. The Superv isor will observe and document relevant aspects of the security officer’s appearance, status and performance as MBL specifies and correct any deficiencies observed.
All contracted security personnel will receive training in and are required to know, understand and adhere to relevant MBL written policies and procedures such as those prohibiting workplace violence and sexual or other forms of harassment.
Transit Security Manager
The Transit Security Manager (TSM) primary functions are:
Act on behalf of the Contractor on all matters related to the Agreement. Report to and coordinate with City Representative(s) on a monthly basis. Maintain an effective quality control and complaint resolution system. Respond to Contract discrepancy reports on an as-needed basis. Establish operational procedures in consultation with City Representative(s). Develop post orders as needed in conjunction with City policy. Meet with City designated City representative on a regular basis. Ensure compliance with contractual staffing, training, and equipment requirements.
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The position is the primary “Point of C ontact” for the contracted security. The assigned will report to Transportation Operation Manager or designee . TSM must be knowledgeable about and adhere to Contractor’s standards regarding safety and ensure compliance of subordinates through regular reviews and inspections.
Security Supervisor Responsibilities
Security Supervisor Personnel
Location: Transit System
The Transit Security Supervisor’s (TSS) primary functions are:
Respond to on -site incidents involving subordinates or respond to requests from the City Representative(s) within one (1) hour following an occurrence/ request. Conduct on-site supervision, inspection, and guidance to on-duty security officers. Assure proper assignment and relief coverage. Notify the City Representative(s) of uncovered posts immediately and be prepared to step in.
Review, correct, and approve subordinates’ logs and reports. Maintain knowledge of City operational areas, facilities, and property as well as adjoining areas.
Apply security expertise to issues that arise and propose best-practices and solutions to TSM, MBL Operation Manager, MPD Transit Liaison Police Officer, City Representatives, and on-site security officers.
Support TSM’s efforts to deliver high quality security services. Ensure subordinates’ compliance to all terms of the Contract, post orders, and City policy, rules, and regulations.
Provide detailed written results of investigations at the request of the City Representative.
The Transit Security Supervisors are working supervisors. They perform the same duties as the security officers they supervise, in addition to supervising and coordinating the activities of their respective teams, providing training, reviewing and approving all reports, logs and other documents their team members produce, consulting regularly with MBL Security Management and attending monthly supervisor meetings with the TSM.
Security Officers (Transit Security Liaisons) Responsibilities Facility Security Personnel
Location: 400 South Taylor Ave, Montebello, CA 90640
The Security Officers’ primary functions are:
• Excellent customer service
• Access control
• Foot patrol of assigned property(s)
• Accurate documentation of bus ingress and egress
• Boarding and inspecting buses entering the properties from regular service • Producing accurate and legible reports, logs and other documents • All in full accordance with the Scope of Work and Post Orders
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The Transit Security Liaisons (TSL) must remain professional, courteous and attentive at all times, be able to observe and accurately assess activities within and around their assigned properties and provide accurate and timely reporting when and as appropriate.
Metrolink Station and Tiny Homes Security Personnel
Location: 2000 Flotilla Street, Montebello, CA 90640
The Security Officers’ primary functions are:
• Provide trained and qualified unarmed security personnel to secure and protect the Metrolink Station, and the Tiny Homes site against fire, theft, accidents, safety hazards, damages, and trespass.
• Ensure the safety and security of the Metrolink Station patrons, the Tiny Homes participants and staff, and surrounding neighbors.
• Open/Close security gate to park-and-ride lot as needed. • Patrol the Metrolink Station, the external perimeter of the Tiny Homes site, and the surrounding vicinity on a continuous basis.
• Observe any criminal activity, fire, the threat to property or person, unusual activity or hazardous conditions at the Metrolink Station and the Tiny Homes site; and promptly report and take appropriate action. Immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required.
• Maintain a professional and personable demeanor at all times while on duty – including, but not limited to, demonstrating discipline, integrity, accountability, and excellent appearance. • Periodically inspect all exits and respond to alarms indicating unauthorized use. • Require Security Contractor personnel to enforce City and security Contractor security policies, procedures and orders.
• For information not known to the security personnel, the expectation is that they will document questions from Metrolink Station patrons, and Tiny Home s participants and staff to ensure that information is received by City staff for appropriate follow-up. • Other assignments that may arise, on an as needed basis, and agreed upon by both parties in writing.
The TSL will be deployed 24/7 to increase the security presence at the Metrolink Station while monitoring the Tiny Homes external perimeter. This will strengthen the safety and security of the Metrolink Station patrons, the Tiny Homes participants and staff, and surrounding neighbors.
Transit System Security Personnel
Location: MBL Fixed-Route Transit System
The Security Officers’ primary functions are:
TSLs are specialized security officers with a strong emphasis on safety who patrol the MBL system by riding buses, inspecting bus stops and zones for security concerns and providing foot patrols, all in full accordance with the Scope of Work and Post Orders. TSLs function as contracted security officers first and second customer service personnel. Their primary responsibilities are to ensure the safety of all internal and external stakeholders, assist in
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developing security strategies for transportation operations, and utilize technology and equipment to implement security measures. Typically TSLs spend a majorit y of their shift patrolling and addressing security-related challenges that interfere with transit operations. TSLs are highly -trained security officers with safeguard professional appearance and demeanor which helps to deter/prevent most Customer Code of Conduct-related challenges. However, they provide excellent customer service by welcoming customers to the system and educating customers and potential customers about the Customer Code of Conduct. TSLs will not issue citations or other written warnings, and may never have to make a citizen’s arrest. They use excellent customer service, conflict resolution and de -escalation techniques to resolve disputes in an amicable manner that supports the Bus Operators, MBL Field Supervisors, contracted policing team and other public safety personnel and which encourages a welcoming and secure atmosphere for MBL’s customers, potential customers and employees. This requires familiarity and experience working with the diverse community MBL serves, including seniors, students, persons with disabilities (physical and intellectual) and non -English speakers (half of MBL customers primarily speak Spanish).
Initial Contract Deliverables
Upon receipt of a Notice to Proceed, the Contractor will:
Where applicable, commit to working cooperatively with the incumbent Contractor and MPD to ensure a smooth, seamless and uninterrupted transition of MBL’s security activities.
Post Orders
• Deliver first draft Post Orders, specific to each site and function, to Transportation Operation Manager or designee within three (3) business days
• Deliver final draft Post Orders to MBL’s Director of Transportation or designee within three (3) days of request for revision
• Deliver approved Post Orders to supervisors for each site and train to them. The sup ervisors are then responsible for training their teams and ensuring all assigned team members follow and periodically review the Post Orders, signing off on their review once per MBL fiscal quarter or whenever MBL or Contractor amends them
Final MBL-approved Post Orders are incorporated by reference and will become part of the Contract. Post Order information will include, but is not limited to:
• General safety and operational procedures
• Emergency procedures (including contact lists)
• Incorporate findings and recommendations from MBL’s recent security study: Threat and Vulnerability Assessment Report, Security Program Plan, and Security Program Implementation Table
• Daily activity and incident report procedures and forms • Patrol procedures
• Equipment operation
• Communications procedures
• Dress and grooming standards
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• Training procedures and requirements
• Photographs, maps and diagrams of each facility
• MBL policies including those describing Active Shooter response and prohibiting • Workplace Violence and Various Forms of Harassment
Patrol Plans
Deliver a proposed Patrol Plan for all sites within three (3) business days that includes, but is not limited to:
• The use of an approved electronic patrol management system (EPMS) • The approved EPMS will use smartphone/tablet technology to track and document security officer and supervisor movements, activities and observations throughout their shifts • Patrol methodologies
• Patrol documentation and reporting
• Paper report form templates for use in the event of EPMS failure Proposed Uniform Designs and Equipment
• Deliver images and descriptions of proposed uniforms and equipment within three (3) business days
• TSL uniforms should be consistent regardless of assignment; the officers should be interchangeable in the event there is dire operation need on one post verses another. • TSL uniforms should include Contractor and MBL logos, at minimum:
o Baseball cap (with MBL and Contractor logo), Heavy jacket (embroidered shoulder patches and badge), Windbreaker (embroidered shoulder patches and badge), Rain gear, Approved traffic control vest, Long and short sleeved shirts (No polos, embroidered shoulder patches and badge), Trousers (511 -type for TSLs), Black socks, Black leather shoes or boots (no sneakers).
TSL equipment should include, at minimum:
o Flashlight and batteries or charger (high power, LED-type), Black handcuffs, Black pepper Spray, Black leather basket weave flashlight holder, Black leather basket weave dress belt, Black leather basket weave Sam Browne belt with silver buckle, At least four black leather basket weave belt keepers (snap or Velcro), Name plate of MBL-approved design, Keys (if any) with black leather, basket weave, sound restricting key holder, All other non -lethal equipment which the Contractor determines to be necessary to the successful performance of services.
• TSL additional equipment should include:
Collapsible baton with black basket weave holder, Pepper gel with black basket weave holder, Black basket weave radio holster compatible with MBL -issued/or approved portab le radio, all other equipment which the Contractor determines to be necessary to the successful performance of services
o TSS and TSM additional equipment
o Silver metal sergeant stripes for jacket, windbreaker and shirt collars (Uniforms should clearly differentiate title/rank from subordinates)
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Personnel and Training Documentation:
Deliver to MBL’s Transportation Operation Manager or designee within three (3) business days a complete, current, digital personnel portfolio that includes a dossier for each employee assigned to the contract (including the Transit Security Administrator/Project Manager and any subordinate managers).
Each digital employee dossier will include:
• A color image of the employee’s face and their full legal name and date of birth • A copy of their resume
• Scans of all applicable identification and certification cards, front and back • Their assigned supervisor, post and schedule
• A background investigation and training log attesting that the employee met all background requirements and restrictions and successfully completed all required training as set forth in the Contract
Contractor will provide a new or updated digital dossier for each employee within three (3) business days whenever an employee’s information changes or when Contractor removes personnel from or adds personnel to the Contract.
Prior to assigning any new employee to a permanent position with the Contract, Contract or will provide the candidate’s resume for MBL’s Transportation Operation Manager or designee review, accompany the candidate to an interview with the Transportation Operation Manager and, once MBL approves, provide at least twenty-four (24) hours of on-the-job training with the Site Supervisor at Contractor’s expense.
Personnel
Contractor Responsible for Personnel:
Contractor will provide the number of trained and qualified personnel necessary to fully staff all posts for all locations, programs and hours for which this Contract requires Security Officer Services.
All Security Officers must be direct employees of the Contractor. Hiring, training, payment of wages and benefits, uniforms, equipment, supervision, management, transportation costs, direction and discharge of Security Officers will be the Contractor’s responsibility. The accurate withholding of federal, state and local taxes and payment of all wages will be the Contractor’s responsibility.
Contractor is responsible for complying with all required federal, state and local employment and wage laws and regulations.
The Contractor will provide relief for Security Officers for authorized rest and meal breaks and all approved time off.
• Removal without Cause
MBL may request that Contractor remove any Secu rity Officer or Supervisor from performing Services under this Contract at any time it desires for any reason. Contractor will remove and replace personnel within three (3) business days when MBL so requests under this section. • Removal with Cause
Contractor will remove and replace a contractor employee within thirty (30) minutes of MBL request for any cause or condition that, in MBL’s opinion, renders the employee incapable of
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performing their duties. Examples include but are not limited to: Sleeping on dut y, altered consciousness or any physical, psychological or emotional condition that renders the employee unfit to perform their duties as required.
• Augmentation of Workforce
If MBL temporarily increases the number of Security Officers or Supervisors required to fulfill this Contract, MBL’s cost will be based on the billing rates set forth in the current Contract year. • Qualified Employees
Personnel the Contractor hires for, or assigns to, this Contract will possess the following skills and abilities:
o The ability to speak, read, write, understand and properly use written and electronic documents composed in English
o The ability to understand and follow various rules, procedures, regulations, guidelines and instructions
o Must be a citizen of the United Sta tes of America, or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card for 1-151, or other evidence from the Immigrations and Naturalization Service that the candidate is able to work legally in the United States
o The minimum qualifications required for the position for which employed, to include a certification from the Department of Consumer Affairs, Bureau of Security and Investigative Services (BSIS) as described in Business and Professions C ode Section 7583.7. MBL may require proof of such qualifications at any time from any Contractor employee or from the Contractor
o Be at least twenty-one (21) years of age. MBL may waive this requirement for honorably- discharged veterans of military service
o Possess and maintain a valid First Aid/CPR/AED certification The following persons are not qualified to work as Contractor employees at MBL:
o Persons with felony convictions, ever, or violent misdemeanor conviction(s) within the past ten years
o Persons currently on probation or parole for any offense o Persons against whom a Court has issued a current temporary or permanent restraining or protective order
o Security Officers removed with or without cause at any time during this Agreement o Any person who does not possess the required certifications or training specified in this Agreement.
Should, in MBL’s opinion, any employee prove unqualified for the position to which they are assigned, Contractor will remove such employee and provide a replacement within thirty (30) minutes of MBL’s request at no additional cost to MBL. MBL will not pay for any service provided by Contractor’s employees who do not meet the qualifications set forth herein.
Training Requirements:
o The Contractor will require all employees to have c urrent Guard Cards and First Aid/CPR/AED cards in their possession and to successfully complete “Stop the Bleed” training from certified trainers. Contractor will require all employees assigned as TLSs and
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TSSs to have current baton, handcuff, and pepper gel cards in their possession. Contractor will provide electronic scans of any required card renewals within three (3) business days of the renewal, as part of an employee’s updated dossier o Within five (5) days of the Effective Date; the Contractor, Transportation Operation Manager, and MPD Transit Liaison Police Officer will meet to develop written training plans and implement a new -hire and annual refresher training program. Contractor will have five (5) days to complete the training plan for final MBL approval and three (3) weeks to complete all new hire training
o Prior to assignment at any MBL site, all Contractor employees will complete an MBL Security Orientation Course. Training will include, but is not limited to: Transportation Security Administration -mandated training for Security -Sensitive employees, MBL - specific topics related to safety, security, customer service, emergency management, transit operations, workplace violence and harassment prevention, Active Shooter awareness and tours of the sites to which the Contractor will assign the employees o Ongoing Training: The Contractor shall provide ongoing training to security officers after their initial security post training as necessary to ensure top level service. The Contractor shall explain in detail their programs of ongoing training, including new material updates, and any extension courses offered.
o Mandatory ongoing training provided by the MPD will also be required by all security officers assigned to the City of Montebello – Montebello Bus Lin es properties, on a quarterly and/or as needed basis. Trainings provided by the M PD will be held at MBL’s main transportation facility.
Contractor will provide additional training to employees assigned as TSLs and TSSs with additional training specific to public transportation security including, but not limited to:
• Transit Security Basics
· Terrorism awareness
· Fare inspection
· Foot patrol techniques
· Special events
· Protests and demonstrations
· Emergency preparedness
· Radio, Telephone and Written communications
· Accident reporting
· Adjacent transportation modes
· Evacuations
· Revenue vehicle operations
· Delays/Service disruptions
· Crisis communication/De-escalation
· FTA drug and alcohol policy and procedures
• Transit Operations Rules and Regulations
· Bus operations overview and definitions
· Bus equipment familiarization
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Through the assistance MPD , MBL will provide all employees assigned as TSLs and TSSs with additional training specific to MBL including, but not limited to:
TSL and TSS roles and responsibilities
System security
System safety
Bus orientation
Bus stop and shelter inspections
Radio and Telephone procedures
Basic office equipment usage
MBL computer access and usage
MBL email access and usage (where applicable)
Internet access and policies
MBL access card usage and restrictions
Customer service
Routes and fare structure
Customer Code of Conduct
Public and media relations
MPD Transit Enforcement Detail (TED)
Conflict avoidance and resolution
Field Supervisor and TED ride-along
Supervised bus ride-along
MBL will pr ovide all Transit Security Supervisor (TSS) with training specific to MBL including, but not limited to:
Location and routes to all MBL facilities
MBL forms use
Radio and Telephone procedures
Identified security vulnerabilities and alarm response procedures Proper phone and radio usage procedures
New officer orientation
Proper inventory control
CCTV and alarm monitoring procedures and alarm response duties Emergency contact procedures
Through the assistance MPD, MBL will provide all Transit Security Supervisor (TSS – assigned to the Fixed- Route Transit System) with training specific to MBL including, but not limited to:
• Assigning, supervising and reporting on all TSL team activities • Providing daily reports to MBL’s Transportation Operation Manager or designee
Ongoing Training Requirements: The Contractor is required to provide all employees assigned to MBL with annual refresher training which the State mandates and this Contract requires.
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Times of Service/Time Records
• All original time records and payroll records for an employee’s time for which MBL is charged will be retrievable within twenty-four (24) hours of MBL request • The Contractor will maintain electronic records of actual daily Security Officer assign ments and functions in a standardized, electronic and reportable manner • The Contractor will make all financial and operational records related to this Contract available for inspection, copying or audit for the entire term of the Agreement and for three (3) years after the term of the Agreement. This section will survive termination or expiration of the Agreement • The assigned Contractor employee of appropriate authority will review and approve all Time records
Hours of Service
The Contractor will provide Se curity Officers and Supervisors to fill all shifts . MBL reserves the right to change the times, days or locations of the shifts. The Contractor agrees that the Services to be performed by it herein, including the locations and areas where Services are to be performed, the hours for which such Services are to be maintained, and the number of trained, equipped and qualified employees to be furnished by the Contractor hereunder will be subject to MBL approval. The Contractor agrees that the scheduled work hours and days of Services may be changed at any time, without any penalty to MBL, provided MBL gives seven (7) business days’ notice of any changes except in emergencies. • Overtime - Contractor must seek and receive MBL’s Transportation Operation Mana ger or designee approval before accruing any paid overtime
Quarterly and Annual Reports
MBL’s fiscal year runs from July 1 through June 30. Within ten (10) days following the end of each MBL fiscal quarter (September, December, March and June) and of MBL’s fiscal year, Contractor will furnish a comprehensive report of the total services provided under this Contract for MBL’s fiscal quarter and/or year just concluded. The report must be in an MBL-approved format and must list, by Post (Facility Security, Metrolink Station/Transit Center and Tiny Homes Security , and Transit Security Liaisons) the following:
• All services provided under this contract
• Total number of hours, by employee, and billing and pay rates of each service provided • Total number of contracted hours not provided, and why • Number of Incident Reports filed, when and the reason for each report • Number of patrols conducted sorted according to Post
• Number of employees removed from the contract and why • Number of liquidated damages assessments (if any), amounts, dates and reasons Sensitive Security Information (SSI)
Per the Transportation Security Administration, all security -related reports, logs, images or other documents are classified as Sensitive Security Information (SSI) and controlled under 49 CFR parts 15 and 1520.* No part of these records may be disclosed to persons without both a right and a need to know, according to the written permission of the MBL Director of Transportation and/or Transportation Operation Manager.
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*Unauthorized release may result in civil penalty or other action.
Key Performance Indicators (KPIs)
With approval of MBL, the contractor will develop Key Performance Indicators (KPIs) for the purpose of assessing, quantifying, documenting and improving Contractor employee comp liance with Contract requirements. Once established, the Contractor will commit to meeting or exceeding all KPIs and taking timely and effective steps to improve whenever performance proves substandard. At minimum, the contractor’s Quality Assurance / Metrics should address the following: Compliance, Quality, Dependability and Customer.
Holidays
MBL recognizes the following holidays:
• New Year’s Day
• Martin Luther King Jr Day
• Memorial Day
• Independence Day
• President’s Day
• Labor Day
• Thanksgiving
• Christmas
MBL requires security coverage during these holidays. For this contract MBL recognizes time and half for all positions.
Safety
The Contractor must comply with the following Safety Guidelines:
• The Contractor will recognize the importance of performing se rvices in a safe and responsible manner so as to prevent damage, injury, or loss to individuals, and the environment. Contractor assumes responsibility for implementing and monitoring all Environmental Health and Safety precautions and programs related to the performance of services. • The Contractor is solely responsible with providing a safe work environment for its employees, agents and subcontractors. Any hazards or unsafe practices the Contractor may identify that it is unable to correct or are outside t he Contractor’s scope of responsibility must be promptly reported to MBL. MBL reserves the right to require Contractor to discontinue operations at any time if it determines that the Contractor’s actions are creating an unsafe environment or situation.
• The Contractor must refrain from creating work hazards for others and for individuals authorized to be within or in proximity to MBL work areas.
• The Contractor will not operate MBL machinery without express written consent. Only approved and licensed operator s may operate the City’s vehicles, forklifts, or other heavy machinery on MBL property, with MBL approval.
• MBL is a smoke -free environment. This policy applies to all contractors, their employees and subcontractors working on MBL premises.
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• The Contractor m ust abide by all applicable local, state, and federal rules and regulations pertaining to safe working practices and procedures to protect contractor/subcontractor employees as well as MBL staff and visitors.
SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Contractor’s ability to complete the project.
Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the trans it and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its in volvement with other clients for both past and present projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
Identify any subcontractors by company name, address, c ontact person, and telephone number and project function.
Montebello Bus Lines (MBL) reserves the right to request references. Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity du ring this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non -compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
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D. The firm must have a mi nimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Certifications (if required)
G. Experience with projects of similar size and scope.
H. Experience with agencies of similar size and scope as MBL.
I. Financial capacity.
SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
UNARMED TRANSIT SECURITY GUARD SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2022, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional Contractor to provide reliable and effective Unarmed Transit Security Guard Services (“Project”); and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated May 12, 2022 (RFP No. [22-7]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this referenc e (hereinafter “Contractor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONTRACTOR shall provide to CITY those services that are set fort h fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
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B. CONTRACTOR shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provi de an itemized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispu te. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension o r termination at CONTRACTOR's discretion.
SECTION 2. TERM.
This Agreement shall commence on ………………, 2022 , and shall be valid for three (3) years from the Effective Date, with two (2), one-year options, unless terminated sooner as provided in Section 7 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 3. CONTRACT DOCUMENTS.
For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):
A. RFP No. 22-7;
B. Proposer’s [DATE] Proposal for Unarmed Transit Security Guard Services and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.
All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.
SECTION 4. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
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B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Contractors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) year s unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 5. WORK PRODUCT.
A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.
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SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and term inate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the ev ent of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at it s sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” co sts were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under t his Agreement on or before the effective date of any notice of termination.
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SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.
Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. C ONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Excep t as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relatio nship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with workers’ compensation in surance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, s tate or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
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SECTION 13. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to th e Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRAC TOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONTRACTOR further certifies as follows:
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I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Err ors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effecti ve date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non -payment) prior written notice.
CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONTRACTOR shall provide proof that policies of insurance requ ired herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required un der this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
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Except for professional liability and workers’ compensation p olicies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub -Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONTRACTOR shall not subcontract, delegat e or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the propose d sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
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SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation sh all be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof sh all so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
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E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containi ng an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be g iven in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, m edical condition or sexual orientation.
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SECTION 24. CONFLICT OF INTEREST.
CONTRACTOR and its officers, employees, associates and sub -Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONTRACTOR further covenants that, in performance of this Agreement, no pe rson having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONT RACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
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CITY OF MONTEBELLO CONTRACTOR
_______________________ _____________________
René Bobadilla Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 22-7
UNARMED TRANSIT SECURITY GUARD SERVICES
In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
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2. The Proposal has been prepar ed without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
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Date Date
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
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EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 22 -7, Unarmed Transit Security Guard Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemni tees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other profes sionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced: RFP No. 22 -7, Unarmed Transit Security Guard Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemn itees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument sha ll be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent t hat the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in add ition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must sp ecifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend . The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liabili ty bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum i nsurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
Unarmed Transit Security Guard Services RFP No. 22-7
EXHIBIT D
RFP No. 22-7
UNARMED TRANSIT SECURITY GUARD SERVICES
COST PROPOSAL SHEET (Three Year Term)
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
First Year
ITEM # EXPENSE CATEGORY
HOURLY RATE TOTAL NUMBER OF
HOURS
GUARANTEED
NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $ 2 Transit Security Supervisor Wages /Annually. $ 3 Transit Security Liaison Wages /Annually. 4 Uniforms and Equipment /Annually. $ 5 Miscellaneous /Annually. $ Annual Total Cost $
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Second Year
ITEM # EXPENSE CATEGORY
HOURLY RATE TOTAL NUMBER OF
HOURS
GUARANTEED
NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $ 2 Transit Security Supervisor Wages /Annually. $ 3 Transit Security Liaison Wages /Annually. 4 Uniforms and Equipment /Annually. $ 5 Miscellaneous /Annually. $ Annual Total Cost $
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ Third Year
ITEM # EXPENSE CATEGORY
HOURLY RATE TOTAL NUMBER OF
HOURS
GUARANTEED
NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $ 2 Transit Security Supervisor Wages /Annually. $ 3 Transit Security Liaison Wages /Annually. 4 Uniforms and Equipment /Annually. $ 5 Miscellaneous /Annually. $ Annual Total Cost $
GRAND TOTAL COST $
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________
*List all paid holidays below:
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or recei ving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
Unarmed Transit Security Guard Services RFP No. 22-7
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:
Authorized Signature:
Title:
Date:
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a success ion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
EXHIBIT K
Bank Draft
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
Exhibit “B”
CONTRACTOR’S SCOPE OF SERVICES
An Allied Universal® Proposal for Montebello Bus Lines
REQUEST FOR PROPOSAL (RFP) No. 22-7
Presented to:
Rohan Anderson
Senior Procurement Analyst
Presented by:
Tad Garabedian
Government Specialist
8/11/2022
August 11, 2022
Rohan Anderson
Senior Procurement Analyst
City of Montebello
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Dear Mr. Anderson:
Thank you for inviting Allied Universal® Security Services to participate in your proposal process. We understand the importance of quality security and look forward to providing a customized program that meets your requirements.
Our proposal response, references, presence in the City of Montebello, and experience and specialization in Transit security demonstrate our proven expertise. We look forward to leveraging best practices from our existing city and county programs to support the Montebello Bus Lines security program and bring ideas and innovation for its future growth and security goals.
Allied Universal® has had the manpower, support structure, and partnerships in place to effectively support the Montebello Bus Lines mission.
Highlights of our Partnership with the City of Montebello:
• Existing relationship with City providing world-class security services • Largest provider of security services to transit agencies in the country • Dedicated Transit / Government Services Division for oversight • Proven local transit security expertise
• Ability to surge or reduce staff on short-term notice Allied Universal is proposing a deployment plan which meets all requirements of the SOW provided in the RFP, including 24/7 mobile supervision.
Allied Universal is dedicated to delivering a security program that achieves measurable results while evolving to meet Montebello Bus Lines’ security challenges. We hope that you look favorably upon our past performance with the City of Montebello, our proposal submission, and our commitment to providing a comprehensive, quality security solution. We greatly appreciate the opportunity and look forward to our expanded partnership in security excellence.
Should you have any questions or require clarifications to any part of our proposal, please contact me at 213.800.2996 or by email at [email protected].
Sincerely,
Tad Garabedian
Government Specialist
Allied Universal® Response to Montebello Bus Lines
Table of
Contents
Table of Contents
Proposal Submission Checklist ......................................................................................................... 1 Letter of Transmittal ............................................................................................................................ 2 Licensing, Permits, and Certificates .................................................................................................. 5 Technical Proposal .............................................................................................................................. 6 Project management plan .................................................................................................................. 6 Customized Training for Montebello Bus Lines ............................................................................... 11 SECTION 5 – Qualifications .............................................................................................................. 22 Desired Qualification ........................................................................................................................ 22 Firm Qualifications ............................................................................................................................ 27
Allied Universal® Response to Montebello Bus Lines
1 PROPOSAL SUBMISSION CHECKLIST
Allied Universal® Response to Montebello Bus Lines
2 LETTER OF TRANSMITTAL
Allied Universal® Response to Montebello Bus Lines
3
Allied Universal® Response to Montebello Bus Lines
4 We interpret the need to provide a signed copy of a joint venture/partnership to be a p artnership agreement with a partner/subcontractor if applicable. Allied Universal intends to perform all the work itself with no partnership or JV. If the expecta tion is for Allied Un iversal to provide a copy of Allied Universals own corporate “partnership agreement” we would be happy to provide upon request.
Allied Universal® Response to Montebello Bus Lines
5 LICENSING, PERMITS, AND CERTIFICATES
Allied Universal® Response to Montebello Bus Lines
6 TECHNICAL PROPOSAL
PROJECT MANAGEMENT PLAN
Allied Universal is providing herewith a proposed management plan to address the needs of the City of Montebello, comply with and deliver on all requirements outlined in the RFP, and build on best practices currently being utilized on comparable local and national transit systems that we serve.
Allied Universal has the unique ability to scale up or scale down based on our client’s immediate needs; therefore, our proposal is flexible, and we encourage an open dialogue and discussion with the City to discuss any increases or decreases to the plan provided herein.
Our plan is designed to work in concert with local law enforcement. Our offering will provide passengers, bus operators, and City staff a high level of security visibility and peace of mind.
Officers will be highly trained in crime prevention, and de-escalation techniques, and will have excellent customer services skills.
STAFFING PLAN
Transit Security Manager: The proposed Transit Security Manager (TSM) for MBL is Steve Nsaif.
With over 13 years in the security industry, Steve leads one of Allied Universal’s largest branches.
He manages over 3,000 Security Professionals, more than 500 customers, and over $100M in annual revenue. In his current role, Steve has the overall responsibility for branch operations and is supported by his Southwest Region Executive level management team. Steve began his career with Allied Universal in 2010. In his tenure with Allied Universal, Steve held several roles such as Director of Security, Division Manager, and Client Manager.
Before joining Allied Universal, Steve served as a Senior Advisor with the U.S. Department of Defense Intelligence and Security command. He joined military units for multiple deployments to Iraq. He carried different responsibilities such as direct action missions, quick reaction forces, and counter-insurgency operations. He also held advisory roles to train, mentor, and coach foreign military, police, and foreign intelligence agencies. Steve also supported different government agencies such as the U.S. Department of State, the International Bureau of Narcotics and Law Enforcement (INL), Customs and Border Protection (CBP), as well as Non-Government Organizations such as UNICEF, participating in multiple campaigns and initiatives, focused on bringing stability within the Middle East region.
Steve is an associate of the Crisis Prevention Institute (CPI), Terrorism Liaison Officer with the Orange County Intelligence Assessment Center (OCIAC), Threat Assessment Professional with the Association of Threat Assessment Professionals (ATAP), and a certified healthcare officer with the International Association of Healthcare Security and Safety (IAHSS). His affiliations also include the Institute of Real Estate Managers and ASIS International.
Steve has the authority to act on behalf of Allied Universal and has extensive experience transitioning and starting new contracts such as MBL. He will be a single point of contact for the City for all deliverables including but not limited to the provision of post orders, billing, HR issues, incident management, contract compliance, and all reporting to the City.
The TSM is a non-billable position that is included in our overhead cost and provided bill rates.
Allied Universal® Response to Montebello Bus Lines
7 Supervisors: Allied Universal is proposing the deployment of 24/7/365 field supervision. We are suggesting one supervisor be assigned for each of the three shifts, 24 hours per day. The mobile and roving field supervisors would be responsible for conducting required post-inspections (2 inspections/post/shift). The supervisors would be equipped with a company-provided vehicle, a HELIAUS guard tour system (which includes cell phone capability), and a company-provided radio.
In addition to providing support and oversight to the static posts (Metrolink and HQ), the mobile supervisors will be available for immediate support for transit security officers. Transit officers will have communication capability with the supervisor, and if needed, the supervisor can be summoned to respond and meet transit officers anywhere along the lines as needed.
In addition to post inspections, supervisors will be fully trained to fill uncovered posts (due to emergencies or call-offs), provide on-the-job training and field tests, review all logs and reports, and provide any additional assistance to City as required.
Supervisors: 168 HPW 1 supervisor on duty 24/7/365
Transit Security Officers: Transit Security officers will be high-caliber, highly trained security professionals. These individuals will be specifically recruited based on experience, customer service acumen, and trained in de-escalation techniques. They will be trained in our company Transit Security Program; specific details are found in the training section of this proposal.
Allied recommends transit security officers work in two man teams. This is the deployment model used for Long Beach Transit as well as many other transit systems we serve. Having a two-man team allows one individual to address issues (or unruly guests) while the second acts as backup or calls for additional assistance.
Transit security teams patrol the system’s bus lines in random order to avoid any sort of patternable sequence. Teams exit at random stops and continue patrol on the next bus or intersecting line. A detailed patrol route would be planned in concert with MBL and can be modified in real-time to account for hot spots or threats. Officers will be equipped with our HELIAUS guard tour system which can be used as a tracker for officers’ location and “patrol hits”, as an incident reporting tool, as well as a tool to track any metrics MBL stakeholders would benefit from our collecting.
Allied Universal recommends deploying three (3) two (2) man teams each day. This schedule ensures coverage at the commencement and ending of services each day, and double coverage during main business hours. Schedule each day would be as follows:
Team 1 (two officers): 4:30am – 12:30pm 7 days/week
Team 2 (two officers): 9:30am – 5:30pm 7 days/week
Team 3 (two officers): 2:15pm – 10:15pm 7 days/week
The schedule can be modified if MBL deems double coverage needed at different times.
Transit Security Officers: 336 HPW 6 officers/day. 8-hour shifts. 7 days/week Security Officers: Allied Universal’s highly trained security professionals will be selected for customer service skills and ability to detect and deter crime.
At the HQ facility at 400 S. Taylor, officers will be responsible for access control, documentation of bus ingress and egress, reporting, deterring crime, and customer service. Our recommendation for
Allied Universal® Response to Montebello Bus Lines
8 deployment at this site is one officer 24/7/365. While we note the facility is closed from 1:30 am – 3:00 am, we propose 24-hour coverage to ensure facility protection at all hours. Continual service ensures the safety of MBL staff that leave at closing, as well as those that enter at the opening.
Staffing during closed hours protects the facility from theft.
Allied Universal currently serves the Metrolink Station (and Tiny Homes Site) for the City. We are currently providing 24/7/365 coverage, and we recommend continuing with the same coverage under this new agreement. The addition of the mobile security supervisors will be a nice compliment to help officers at this site should additional resources be needed.
Security officers Taylor Ave HQ: 168 HPW 1 officer on duty each shift 24/7/365 Security officers Metrolink Station: 168 HPW 1 officer on duty each shift 24/7/365
Allied Universal® Response to Montebello Bus Lines
9 Implementation Plan
Screening
Allied Universal® Response to Montebello Bus Lines
10 Recruiting
Thanks to our broad-spectrum recruiting resources, stringent screening and hiring process, and reputation for attracting top-quality, career- minded professionals, Allied Universal® can identify and place high- performing, best-fit security personnel quickly for Montebello Bus Lines’ unique environment and security programs. Some of the recruitment resources we use include jobs.aus.com, promotions and employee referrals, universities and schools, former military/reservists, veterans' organizations, police and fire departments, job fairs and open houses, and professional organizations. Our strategic partnerships include AARP, the International Association of Jewish Vocational Services, the National Indian Council on the Aging, and the National Asian Pacific Center on Aging.
Streamlined Screening and Hiring with AU HireSmart™
Allied Universal® recruiters use AU HireSmart™, an end-to-end Artificial Intelligence (AI) recruiting solution, which provides several unique benefits designed to streamline the recruiting process to meet your placement needs quickly.
HireSmart™ translates candidate video screening tests into actionable data that accurately predicts a candidate's aptitude for any given role. These videos measure emotional expression, tone, language patterns, and word choice to determine a candidate's fit for the position. This process improves the quality of services we provide while decreasing security professional turnover by matching candidates with the jobs most suited to them.
Allied Universal® Response to Montebello Bus Lines
11 CUSTOMIZED TRAINING FOR MONTEBELLO BUS LINES
AU Institute® is the umbrella under which all formal training and development opportunities exist.
Methods of training include eLearning on Allied Universal® EDGE®, Instructor-led, Virtual Instructor- led, On-the-Job Training, Scenario-based, and mLearning (mobile friendly). Allied Institute is supported by more than 50 full-and part-time certified instructors and provides both mandatory and voluntary courses, which are offered pre-assignment, on-the-job, and continuing education. Training for Montebello Bus Lines will be tailored to meet the specific roles in the RFP.
There are five phases of Security Professional onboarding and development. Each has a specific timeframe for completion, as well as testing guidelines to ensure comprehension. Training phases include:
• New Employee Orientation
• On-the-Job-Training Post Certification (to be completed within 21 days of hire) • Core Training (must be completed in the first six months) • Quarterly Site Training (Ongoing and Refresher)
• CPR/First Aid/AED and other Certification Training
CORE TRAINING Phase Three of the Security Professional and Development process consists of 20 lessons, each with an exam that must be successfully passed. Core Training must be completed within six months of hire; and will be completed by all personnel assigned to Montebello Bus Lines.
SUPERVISOR
TRAINING
This training readies supervisors for their new roles so they are prepared for the challenges of leadership with 8 training modules focused on how to be a better supervisor. All supervisors assigned to Montebello Bus Lines will complete (or will have completed within three years) this supervisory training.
MANAGEMENT
TRAINING
Management training covers a variety of business and security-related topics, to shape proficient managers with smart business sense.
MOBILE PATROL
TRAINING
In addition to the Core Training, this training readies Mobile Patrol Officers to provide safe and effective vehicle patrols for Montebello Bus Lines.
COMPLIANCE TRACKING
Compliance tracking through the EDGE, our online learning management system, allows training to be accurately recorded and reported. Trainers and managers can track Security Professional progress through initial, specialty, and refresher training, and verify compliance.
ONGOING & REFRESHER TRAINING
Allied Universal believes in the reinforcement of initial training as a key to effective learning and long-term performance excellence. We use a structured process for refresher training on a variety of topics related to your needs and contract requirements. The local branch management and regional training staff will administer standard, company-wide training modules. Our managers will help ensure that ongoing training remains a top priority. Ongoing training topics include:
Allied Universal® Response to Montebello Bus Lines
12 CUSTOMER
SERVICE
TRAINING
Allied Universal believes customer service is the essence of what we do every day. From welcoming passengers with a warm friendly smile to giving directions to the nearest ATM to recommending the best local restaurant, the role of security personnel in a transit system has changed dramatically over the past few years and is still evolving. A Security Professional may perform a wide variety of tasks as a Station, General, Mobile, or Transit riding Security Officer. Allied Universal believes to go the extra mile, escorting customers to their vehicles after hours, assisting patrons in boarding and exiting transit modes, and even delivering critical medical services. Many transit agencies view these traits as crucial elements of an outstanding security program, necessary to add a special touch for a positive customer experience.
CULTURAL
DIVERSITY
TRAINING
Allied Universal® is committed to offering Cultural Diversity training to all security professionals working under the contract with Montebello Bus Lines. The course is offered on the EDGE our enterprise-wide learning management system and is available 24/7. This course helps employees identify the differences between discrimination and diversity, describes the benefits of diversity, and informs employees on the dangers of stereotyping and how to avoid discrimination.
DEALING WITH
DIFFICULT
PEOPLE OR
SITUATIONS
TRAINING
This course prepares Security Professionals to respond to difficult people and situations and helps them to develop the confidence to handle adverse events. Employees will learn how to properly assess the situation, use effective de-escalation techniques, and diffuse the situation.
MASTER TRANSIT
SECURITY
OFFICER
PROGRAM
All security officers and managers will have completed at a minimum; all state, Montebello Bus Lines, and Allied Universal-required training before attending our School of Transit Security, an outline which is provided on the following pages. A score of 80% or higher is required to earn the designation as an Allied Universal® Transit Security Officer.
Allied Universal® Response to Montebello Bus Lines
13
Allied Universal® Response to Montebello Bus Lines
14
Allied Universal® Response to Montebello Bus Lines
15 Compliance Tracking
The baseline for employee compliance is accomplished during the recruiting or intake process.
Candidates are vetted by comparing requirements to qualifications. Credentials are entered into the WinTeam Compliance Tracker database where they will be maintained and cross-referenced in the Scheduling process. Before a candidate is released for assignment and OJT, all background investigation and training requirements must be completed. An established intake process requires verification of every application metric before uniforms can be issued. When authorized to report to the site, responsibility for performance oversight transfers to the Account Manager.
As employees progress through initial orientation, pre-assignment certification, or OJT additional performance data is compiled in WinTeam. When a specific post requires a credential or unique attribute essential to contract compliance, that specification is programmed into Compliance Tracker and an on-screen error message is displayed if the manager tries to add an employee to the schedule and if the employee’s Compliance Tracker records do not fit the pre-established profile of the post.
Our commitment to compliance tracking extends beyond our training resources. WinTeam, Allied Universal’s automated scheduling component, is the compliance module that captures training records for security professionals. WinTeam works in conjunction with the Allied Universal EDGE and offers extensive compliance tracking and reporting functionality. Our managers access all systems through our secure intranet to support compliance verification in real-time. These programs work together to enable trainers and managers to track employee progress through initial, specialty, and refresher training, and to easily verify compliance.
Employee data is maintained in both paper and electronic form for the term of the employee’s relationship with Allied Universal and then archived for an appropriate statutory period as required by corporate, state, local, or client mandates.
WinTeam’s Compliance Tracking module continually compares personnel data with pre-loaded post requirements. The credentials necessary to ensure that security professionals are appropriately trained and cleared for duty are identified through a job-specific set of pre-determined compliance codes. Employees who require credentials cannot be scheduled until compliance requirements have been resolved.
Allied Universal’s regional training organization is the primary group responsible for tracking training certifications and clearances and enforcing the ‘arm’s length’ relationship between data providers and data managers. By maintaining corporate mandated security protocols, site management team members are not allowed to enter or override compliance specifications for project staff. This separation of function and access is just one of the layers that support the integrity of compliance and audit processes.
The project, Division, and Corporate managers have access to the reporting functions of WinTeam.
The status of mission-critical deliverables is a primary component of the Quality Control audit process that ensures timely completion of compliance requirements.
Quarterly business review meetings occur with site security management, our branch management, and the City representatives. We use the business reviews to reflect on what we have accomplished through our partnership, for benchmarking, and to establish future measurable goals.
Allied Universal® Response to Montebello Bus Lines
16 Post Orders (Duties) and Operating Procedures - Post Orders and Standard Operations Procedures Manuals represent the essential playbook that guides the daily activities of the MBL security team. Our TSM will coordinate will operations team members to create, implement and update these manuals in collaboration with MBL, while our security professionals refer to them consistently. Security professionals are trained on Site Specific Post Orders and the Security Operations Manual during on-the-job training, re-training, daily inspections, and roll calls. The first draft of the Post Orders will be provided to MBL within three days of Notice to Proceed.
Automated Post Orders - The effectiveness of the City security program is closely linked to the quality and accessibility of the post orders your security team relies on to deliver ongoing exceptional service.
With Allied Universal® Post Orders Builder, account managers can quickly create and/or revise Post Orders for your job sites using fully automated templates—including location requirements, client expectations, general and specific responsibilities and accountability, performance standards, and more. Images such as site maps, floor plans, flyers, and announcements can easily be uploaded, making drafting post orders as simple as possible. As a result, you can be assured that your security professionals have access to all the information they need to efficiently perform their daily responsibilities and respond quickly to all potential incidents.
Live, Automated Post Orders: Our Post Orders Builder also provides the basis of the City requirements that are uploaded into HELIAUS®—our comprehensive adaptable workforce solution.
Security Professionals receive tour orders, access to site information, and record daily activity directly on their HELIAUS® mobile device.
Review of Post Orders, Procedures, and Performance - As previously stated, our local managers create, implement and update these manuals in collaboration with City personnel. Supervisors will be focused on daily inspections and written notices to ensure that the security staff at the City locations follow day-to-day regulations, codes of conduct, and Standard Operating Procedures/Post Orders. This is the most active and proactive group in the Quality Control matrix. All the daily ‘heavy lifting’ is tasked to supervisors while providing support, oversight, and coordination.
As part of our quality inspections, we identify areas of improvement or recommend service-enhancing post orders changes.
Incident Reports - Accurate incident reporting is essential in emergencies, especially those cases that might involve police investigations or insurance companies. A regular review of incident reports from City sites can also identify any security trends that may indicate a need for adjustments to the City security program. Our security professionals are trained in report writing to ensure accurate, detailed, and clear information.
Each security professional will provide a report for any circumstances that require explanation, such as the assistance of emergency units or notification of civil authority. Such incidents also include accidents, personal injuries, and criminal activity. We maintain a file of incident reports on-site along with a summary report, if necessary.
Reports are instantly available through eHub, our secure client website, or through your Allied Universal® manager, utilizing WinTeam®, at any desired frequency. WinTeam, our fully integrated payroll, billing and scheduling system, automates and enhances our core business functions and allows us to create customized reporting for our clients. The WinTeam scheduling system also
Allied Universal® Response to Montebello Bus Lines
17 allows us to provide: shift personnel schedules; warnings on overtime and scheduling conflicts; performance criteria; personnel information; streamlined payroll and billing for accurate and timely data, and; detailed reports to the City security management team.
Allied Universal® also offers our web-based HELIAUS software package designed specifically to document security incidents. This helps streamline record keeping, produces clear and concise incident reports, summarizes incidents by selected criteria over specified periods, and quickly retrieves past incident reports.
Allied Universal® regularly trends dozens of reports to make sure your security program is running efficiently and to proactively drive improvements. A variety of customized reports can be tailored to your needs. All report information can be analyzed, arranged, displayed, or otherwise custom formatted to meet your specific requirements.
TOUR VERIFICATION AND REAL TIME REPORTING CAPABILITIES
HELIAUS® - THE POWER OF INSIGHT INTO ACTION®
HELIAUS® is our proprietary Artificial Intelligence (AI)-driven workforce management solution that uses powerful algorithms to generate risk-averse recommendations. With HELIAUS® at the center of the City security operations, your security professionals are always connected and engaged, situationally informed, and armed with the right recommendations to effectively create safer, more secure environments.
HELIAUS® - Technology Platform
Functioning as a comprehensive workforce management solution through instant post orders, incident reporting, GPS tracking, visitor logging, and more, HELIAUS® is tailored to the City’s security program based on overall contract requirements and even each site's specific needs.
HELIAUS® consists of two parts - HELIAUS® Mobile and
HELIAUS® Portal. HELIAUS® Portal provides the City with real-time visibility into site-specific events and activities, as well as a historical overview to understand trends and develop future insights. HELIAUS® mobile allows our security professionals to share information and acts as a virtual coach as they go about their duties.
• Additional Mobile Capabilities
• Incident and event reporting
• Temperature screening
• Tasks and messages
• Lost and found
• Custom forms
• Visitor and vehicle management
• Fire and safety inspections
Allied Universal® Response to Montebello Bus Lines
18 • SOS
Quickly Identify Safety and Security Trends
HELIAUS® has contributed to incident reductions, cost savings, efficiency increases, and peace of mind for industry -leading organizations. Regardless of site number, size, or specific events, the HELIAUS® platform has connected security programs with proven ROI. The HELIAUS ® dashboard provides on-demand views of historical trends, customizable by date, category, and location. This insight provides the City with a full view of the who, what, where, and when incidents are occurring, allowing you to adjust your resources and response as needed through the Tour and Workflow applications within HELIAUS®.
Configurable Tours and Workflows
While security professionals are pushing data to the online portal, they are receiving post order instructions in real-time. Through HELIAUS®, we program custom workflows to virtually coach security professionals when they scan an NFC tag, approach a beacon, or enter a specified GPS zone. Tasks assigned to areas can include: following checklists, taking videos or photos, sending the client an email or text message, answering follow-up questions, and more.
Allied Universal® Response to Montebello Bus Lines
19 Return on Investment (ROI) / Quantitative Value / Proven Results By delivering unprecedented situational awareness into the hands of your Security Professionals, their skills and training are amplified and enhanced by the platform's data -driven intelligence. HELIAUS® has contributed to cost savings through incident prevention, efficiency increases, and peace of mind for industry-leading organizations. Regardless of the number of sites, size, or specific events, the HELIAUS® platform has connected security programs with proven ROI and added value and will help do the same for the City of Montebello.
Allied Universal® Response to Montebello Bus Lines
20 BENEFITS
As an industry leader, Allied Universal® provides meaningful, comprehensive employee benefits to Security Professionals. We offer high-value employee benefits that help us attract high-caliber personnel to serve client needs. We believe that providing comprehensive benefits increases employee satisfaction and enhances security professional effectiveness.
Benefits for Security Professionals include:
• Medical Insurance: We offer medical plans to all benefit-eligible employees through payroll deduction and/or client contribution (pursuant to our eligibility requirements and policies).
Estimates provided in this proposal represent costs based on proposed and evolving regulations, plan structure, and estimated participation. Detailed additional information regarding coverage and premium costs is available upon request. • Dental and Vision Insurance: Benefit-eligible employees qualify for dental and vision plans. • Disability Insurance: Benefit-eligible employees may purchase both short and long-term disability insurance.
• Life Insurance: We provide basic life and accidental death and dismemberment insurance to benefit-eligible employees at no charge. Supplemental life insurance is also available to employees at a competitive rate.
• Accident Insurance: Benefit-eligible employees have the option to purchase accident insurance from Aflac.
• Cash Pay Card: Employees have the option to receive their pay through direct deposit or as a Cash Pay Card (where permitted). The Cash Pay Card option offers a branded debit card and check option, allowing employees access to wages without having to incur fees. • DailyPay: DailyPay is a voluntary program that allows employees to track their pay after every shift and provides on-demand access to their earnings. DailyPay also includes free tools to budget and plan for expenses.
• Educational Assistance: We provide educational assistance for eligible applicants selected for the program including up to $3,000 toward the cost of tuition and qualified related expenses. We partner with over a dozen colleges/universities (DeVry University, George Washington University, Liberty University, Ashford University, and others) to offer tuition discounts. We also award up to ten annual scholarships of up to $1,000 to the children of our employees.
• Commuter Benefits Program: Allied Universal® offers transit and parking options for benefit-eligible employees who can elect to have funds deducted through payroll on a pre-tax basis.
• Paid Time Off: We provide different vacation options such as paid time off, anniversary bonuses, and vacation time based on the specific contract and state sick time laws. • 401(k) Retirement Plan: Allied Universal® employees are eligible to enroll in our 401(k) retirement savings program anytime following six months of employment.
Allied Universal® Response to Montebello Bus Lines
21 • Holidays: Security Professionals receive time-and-a-half pay when working these holidays:
New Year's Day; President's Day; Memorial Day; Independence Day; MLK Day; Labor Day; Thanksgiving; and Christmas Day.
• Employee Assistance Program: This program is designed to assist employees in resolving personal circumstances that could impact their work performance. • PerkSpot: We offer various fringe benefits exclusively to our employees for personal use.
Some of these benefits include discounts on items such as fitness memberships, cellular phone plans, retail merchandise, and credit union access. Allied Universal® also partners with a range of vendors so employees can benefit from special savings and offerings from companies that include: Sprint, AT&T, Verizon Wireless, DIRECTV, Dell Computers, VPI Pet Insurance, GlobalFit, and H&R Block.
NOTE: Allied Universal® reserves the right to change, amend, or terminate the benefits programs and their options at any time.
QUALITY ASSURANCE OVERVIEW
Allied Universal® will review and monitor the Montebello Bus Lines security program regularly to ensure maximum operational efficiency and satisfactory performance of contract obligations at all times. We use several quality assurance tools to measure client satisfaction and identify any opportunities for improvement. These include account audits, performance evaluations, and inspections, on-site focus groups, and regular feedback through Allied Universal® Voice. We also solicit feedback from and share best practices for on-site safety and hazardous situations with our Security Professionals to enhance our level of service, add value to Montebello Bus Lines’ security program, and ensure compliance.
Allied Universal® Response to Montebello Bus Lines
22 SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
Since 1953, Allied Universal® has kept people safe, protecting our client’s brands, and providing peace of mind through our dedication to quality leadership, industry expertise, and our commitment to building unparalleled employee and client relationships. As a leading provider of security and facility services in North America, with over 300,000 Security Professionals protecting over 50,000 client sites, Allied Universal® is There for you.®
We take a personalized, integrated approach to your needs, becoming fully immersed in Montebello Bus Lines’ culture, mission, and values to provide proactive security services and cutting-edge smart technology tailored to your unique requirements. Allied Universal® provides exceptional security solutions that give you the freedom to create, produce, and innovate with your core business.
Our world-class customer service and track record of success start with our local leadership, equipped with the know-how to serve you with service-oriented professionalism supported by the most advanced systems and integrated technology in the industry. As your trusted security partner, Allied Universal® stands ready to secure and care for the people and businesses in our communities. Montebello Bus Lines can come to us with any safety and security need including:
UNMATCHED SERVICE, SYSTEMS, AND SOLUTIONS
We partner with you, leveraging our highly trained Security Professionals, supported by industry- leading technology and systems to provide comprehensive, customized security solutions that not only help protect against threats but will enable Montebello Bus Lines to make better, more informed decisions about your security operations.
Form of Organization: Universal Protection Service LP is a Limited Partnership, DBA Allied Universal Security Services.
Allied Universal® Response to Montebello Bus Lines
23 Allied Universal® Office Locations
Allied Universal® provides services in Canada, Mexico, and the United States, with over 400 North American offices that provide our full array of services. A complete list of office locations may be found online at aus.com/offices.
Number of U.S Employees: 281,917
Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Contractor’s ability to complete the project.
Pending Litigation: Allied Universal® is not involved in any arbitration and/or legal proceeding that we expect to have a material adverse effect on our business, financial condition, or results of operations. Like any security provider, Allied Universal® is subject to routine litigation in the ordinary course of its business, some of which involve claims resulting from the conduct of its security operations. We maintain general liability and other insurance coverage which we believe adequately insure us against the risks associated with these claims.
Bankruptcy: Allied Universal® Security Services is not currently, and has never been, involved as a debtor in any bankruptcy or insolvency proceedings.
Office Closures: No offices at Allied Universal are scheduled to close.
Allied Universal® Response to Montebello Bus Lines
24 Impending Merger: Allied Universal is not involved in any impending merger that would have any effect on its ability to service Montebello Bus Lines.
Financial Information: The Company measures its operating performance using Adjusted EBITDA, which is defined as net income (loss) before interest expense, net, income tax (benefit) expense, and depreciation and amortization (EBITDA), as further adjusted to exclude certain non-cash items and certain cash expenses management considers non-recurring, unusual or otherwise not indicative of our ongoing operating performance and to reflect the full expected effect of cost reduction and profit-enhancing initiatives, acquisitions, disposals, and related cost and revenue synergies. Adjusted EBITDA for the year ended December 31, 2020, was $938.3 million.
On December 31, 2020, Allied Universal had $300.0 million and $607.1 million available for borrowing under its revolving credit facility and ABL credit facility, respectively. The Company’s total liquidity on December 31, 2020, was $1,878.0 million, which included unrestricted operating cash of $970.9 million.
Current financial statements can be provided upon request.
Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project.
Describe an experience in similar projects, particularly in the transit and public sector environments.
The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and present projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
As the largest provider of contract security services to government agencies in the Los Angeles area, as well as the Country, Montebello Bus Lines can be assured that its security provider has the best experience available to provide service for the task at hand. Unlike our competitors, Allied Universal® has a dedicated government services team that provides our operations personnel and government clients a resource to ensure contract compliance and delivery of best practices.
Locally, Allied Universal Provides …
• The City of Montebello with security services for the Metrolink site • Local Transit Agencies Serviced: Metrolink, Long Beach Transit, Omnitrans, Riverside County Transit Commission (RCTC), Riverside Transit Agency (RTA), Metrolink station in the City of Montebello, and Union Station in Downtown Los Angeles. • Large Government Facility Contracts Serviced: County of Los Angeles contracts including the LA County Sheriff, the Los Angeles County Department of Health Services, the Los Angeles County Department of Social Services, and the Los Angeles County Department of Public Works. The City of Los Angeles, The City of Inglewood, The City of Beverly Hills, Hollywood Burbank Airport, and many others.
Company-wide, Allied Universal® Provides more than…
• 35,600,000 annual man-hours of armed and unarmed security services to Federal, state, and local government facilities nationwide
Allied Universal® Response to Montebello Bus Lines
25 • 20,000 specially trained Government Services contract security professionals • 850 Federal, state, and local clients
• 4,800 government client sites
• 45 Transit Agencies nationwide, 2,900 Transit Security Professionals
CLIENT DESCRIPTION OF SCOPE
Santa Clara Valley
Transportation Authority
Octavio Garcia
Manager of Security Programs
[email protected]
3331 North First Street
San Jose, CA 95134
Responsible for employee/contractor and passenger assistance and security, property and revenue protection, lost & found fixed asset inventory, site security and facility access control, crowd control for special events, undercover and special operations, and other services as required by VTA.
Armed & unarmed guards maintain a high level of visibility, act as a deterrent to crime and increase the patron’s feeling of safety and security. Security includes a CCTV Program.
Client since 2009
San Francisco Municipal
Transportation Agency
Kimberly Burrus
Chief Security Officer
[email protected]
1 South Van Ness Avenue
8th Floor, San Francisco, CA
94103
Provide uniformed transit security services at various Transit Centers and Parks throughout the City of San Francisco. We provide fixed post monitoring on station platforms and at SFMTA’s SOC.
Duties include foot patrols, fare enforcement, security monitoring center staffing, and customer service.
Client since 2018
TriMet - Portland
Pat Williams
Director of Security &
Emergency Management
[email protected]
4012 SE 17th Avenue
Portland, OR 97202
Assisting the traveling public and being visible throughout the transit system.
Security personnel enforce transit conduct, enforce parking regulations and render assistance to the public and serve as first responders during all-hazard emergencies.
Client since 2012
RCTC (Riverside County
Transportation Commission)
George Salas
Facilities Manager
[email protected]
4080 Lemon Street
Riverside, CA 92501
24/7 station patrol at 10 locations. Access control, CCTV monitoring, platform security. Customer service to transit clients.
Client since 2012
Allied Universal® Response to Montebello Bus Lines
26 Metrolink
Tinh Quach
Contract Manager
[email protected]
2704 N. Garey Ave.
Pomona, CA 91767
24/7 train platform, layover yard, headquarter, and repair facility security. Train riding security officers. Access control, CCTV monitoring. Customer service to transit clients.
Client since 2016
THE PERSONNEL WHO WILL BE ASSIGNED TO THE MONTEBELLO BUS LINES CONTRACT INCLUDE:
Chris Bailey: Senior Regional Vice President. Has overseen RCTC, RTA, and Metrolink from a senior management perspective. Currently oversees City of Montebello contract.
Steve Nsaif: Branch manager overseeing current Montebello contract. Extensive management experience in government services. Oversees John Wayne Airport, Orange County Sanitation District, Orange County Probation Department, and current City of Montebello contract.
Valentine Rocha: Operations manager who currently oversees the day-to-day operations of the City of Montebello contract.
Overall the Orange County branch personnel overseeing the Montebello Bus Lines contract have extensive experience overseeing complex and large government contracts specifically including but not limited to the current contract with the City of Montebello, the Orange County Sanitation District, John Wayne Airport, and Metrolink. The branch office currently deploys over 3,000 employees, and as a company, Allied Universal staffs over 25,000 personnel in the greater Los Angeles area alone.
This deep bench of resources provides the City of Montebello assurance that there will be no lack of resources available for deployment, and that the management staff has extensive experience overseeing large, critical infrastructure-type contracts.
Identify any subcontractors by company name, address, contact person, and telephone number and project function.
Allied Universal does not intend to subcontract any of the work.
Montebello Bus Lines (MBL) reserves the right to request references.
Allied Universal is happy to provide references. Please see Exhibit B for references.
Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
Allied Universal is the largest provider of services to government agencies in the region and country.
We pride ourselves on having more resources available for surge staffing events, extra coverage
Allied Universal® Response to Montebello Bus Lines
27 requests, emergency requests, or any other staffing requirements. No other provider even comes close to having the resources available.
Current projects include several large contracts with the County of Los Angeles (Sheriff, DPSS, DHS, and Public Works); Metrolink, The City of Los Angeles, and many others. Having this additional staff in the field will complement the work required for the City of Montebello, and greatly enhance cross-training, staffing, and availability of emergency staffing if required.
Allied Universal has absolutely no issues staffing this project for the City of Montebello. On the contrary, our large footprint will enhance the safety and security of the people and property we will protect under the contract for the City.
No subcontractors are going to be utilized, so no capacity issues exist accordingly.
FIRM QUALIFICATIONS
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
Allied Universal has not been terminated for cause or default within the past five years on any government contract.
Allied Universal® Security Services is not currently, nor has ever been, involved as a debtor in any bankruptcy or insolvency proceedings, or placed in any receivership.
B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
Allied Universal is subject to routine claims, audits, and inspections in the ordinary course of business by a variety of government agencies that enforce federal, state, and local wage, labor, and employment laws. From time to time these investigations may result in findings of minor violations, which are resolved expeditiously with the applicable agency. No such matter has resulted in findings or violations having a material, adverse impact on Allied Universal or its operations; nor, to our best knowledge, information, and belief, is any such matter ongoing or pending.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
See the answer above in B
Allied Universal® Response to Montebello Bus Lines
28 D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
Allied Universal serves more transit clients in the United States than any other contract security company. We understand the unique challenges of working in a transportation environment and successfully combine world-class security and customer service training that not only helps secure your system but also enhances the agency’s brand and rider experience. Securing transit systems is different than any other security challenge. As a result, Allied Universal has developed a curriculum based on our experience, FTA, and DHS regulations. We are the only contract security company that fields a specific Transit Security Officer Training curriculum.
Our services include system-wide security and fare verification and enforcement, as well as critical infrastructure and revenue protection.
Whether working hand in hand with law enforcement agencies or directly managing the transit program ourselves, Allied Universal has the experience and track record of success our clients deserve.
Allied Universal has developed a national transit model with Vice-President of Government Services Charles Bohnenberger, former board member of the Port Authority Transit Corporation (PATCO) High-Speed Line and Governor’s Liaison to the Southeastern Pennsylvania Transportation Authority (SEPTA) Board of Directors (Philadelphia), providing executive oversight, leadership, and transit expertise. Additionally, Allied Universal is an active member of the American Public Transportation Association (APTA) serving on its Safety & Security Committees, helping develop industry bring best practices, and deploying them to our clients.
Allied Universal has been securing transit agencies well over the minimum 5-year requirement. In Southern California alone, Allied Universal has been servicing the following agencies:
Metrolink: Since 2016
Long Beach Transit: Since 2015
Riverside County Transportation Commission: 2014
Allied Universal® Response to Montebello Bus Lines
29 E. Licensed to do business in the State of California.
Allied Universal is licensed to do business in the State of California. Our PPO is attached herewith:
F. Certifications (if required)
Allied Universal is fully certified to perform security services in the State of California. See PPO attached in question E. above.
G. Experience with projects of similar size and scope.
Allied Universal has extensive experience providing services of similar size and scope. Similar contracts include but are not limited to:
Local Transit Agencies: Metrolink, Long Beach Transit, Riverside Transit Agency (RTA), Riverside County Transportation Commission (RCTC), Omnitrans
Local Government Contracts: County of Los Angeles Sheriff, County of Los Angeles Public Works, County of Los Angeles Department of Public Health, County of Los Angeles Department of Social Services, County of Los Angeles Beaches and Harbors, Los Angeles County Sanitation District, Orange County Sanitation District, County of San Bernardino, County of Ventura, County of San Diego, Orange County, City of Inglewood, the City of Los Angeles, City of Riverside, City of Beverly Hills, and many others.
H. Experience with agencies of similar size and scope as MBL.
Allied Universal® has proven experience and is dedicated to implementing the Scope of Service for Montebello Bus Lines. In addition, we have at our disposal a wealth of knowledge and experience from other regional transit districts that we support.
Allied Universal® Response to Montebello Bus Lines
30 Award-winning and Dedicated Government Services Transit Division Allied Universal® is a trusted partner to many governments and transit agencies across the country.
Our Government Services Division, consisting of former government officials and security and transit industry experts, has the experience to deliver a high degree of regulatory compliance and reporting transparency while delivering a comprehensive and effective security program. We have field proven 49 CFR Part 655 compliant Drug-Free Workplace Programs, Workplace Safety Programs, and verifiable training provided by in-house, certified trainers.
Transit Agency Experience
Allied Universal serves more transit clients in the United States than any other contract security company. We are proud to count systems like Metrolink, Long Beach Transit, Riverside County Transportation Commission, Riverside Transit Agency, Phoenix Valley Metro, Denver Transit RTD, Trinity Metro, Cap Metro in Austin, NY MTA, Miami Transit, DC Metro, San Mateo Transit, San Francisco MTA, and many more. We understand the unique challenges of working in a transportation environment and successfully combine world-class security and customer service training that not only helps secure your system but also enhances the agency’s brand and rider experience.
We are also active in the Transit Industry and have been a member of the American Public Transportation Association for more than a decade, holding seats and leadership positions in their Security Committee, helping develop best practices and standards for the industry.
Our services include system-wide security and fare verification and enforcement, as well as critical infrastructure and revenue protection. Whether working hand in hand with law enforcement agencies or directly managing the transit program ourselves, Allied Universal® has the experience and track record of success Montebello Bus Lines deserves.
I. Financial capacity.
Allied Universal® is the world’s leading security firm and is the third largest private employer in North America and the seventh largest in the world. There is no other security company that can offer the financial assets, industry expertise, and staying power to effectively transition, manage and grow security programs of virtually any size and complexity. Our financial stability is underpinned by continued organic revenue growth ranging from 3% to 7% over the past ten years. Our acquisition strategy has delivered a highly diversified company both geographically as well as the customers we serve. Our top five clients account for less than 5% of revenue and our customer base is evenly distributed with the largest being Major Corporates & Industrials comprising only 20% followed by Government at 13% and Financial Institutions at 9%. The security services industry has proven to be relatively recession-resistant and is projected to continue to have global growth annually in the 3-5% range.
As a privately held corporation owned by Warburg Pincus, a U.S. private investment fund, Caisse de dépôt et placement du Québec, a Canadian pension fund manager, Partners Group, a Swiss private investment fund, and other private investors, Allied Universal® is not required to file financial information publicly. We provide confidential quarterly financial statements for our investors and
Allied Universal® Response to Montebello Bus Lines
31 institutional lenders to meet the organization's financial control policies. Based on our current level of operations, the management team believes that our existing cash, cash equivalent balances, and the cash we expect to generate from operating activities, together with available borrowings under our credit facility, will be adequate to meet our anticipated requirements for working capital, capital expenditures, commitments, and debt service for the foreseeable future.
The Company measures its operating performance using Adjusted EBITDA, which is defined as net income (loss) before interest expense, net, income tax (benefit) expense, and depreciation and amortization (EBITDA), as further adjusted to exclude certain non-cash items and certain cash expenses management considers non-recurring, unusual or otherwise not indicative of our ongoing operating performance and to reflect the full expected effect of cost reduction and profit-enhancing initiatives, acquisitions, disposals, and related cost and revenue synergies. Adjusted EBITDA for the year ended December 31, 2020, was $938.3 million.
On December 31, 2020, Allied Universal had $300.0 million and $607.1 million available for borrowing under its revolving credit facility and ABL credit facility, respectively. The Company’s total liquidity on December 31, 2020, was $1,878.0 million, which included unrestricted operating cash of $970.9 million.
Current financial statements can be provided upon request.
Allied Universal® Response to Montebello Bus Lines
32
Allied Universal® Response to Montebello Bus Lines
1 ATTACHMENTS/EXHIBITS/EXCEPTIONS
REQUEST FOR PROPOSAL (RFP) No. 22-7
Presented to:
Rohan Anderson
Senior Procurement Analyst
Presented by:
Tad Garabedian
Government Specialist
8/11/2022
Allied Universal® Response to Montebello Bus Lines
2 EXHIBIT A: INDEMNIFICATION, HOLD HARMLESS
AGREEMENT, WAIVER OF SUBROGATION AND
CONTRIBUTION
Allied Universal® Response to Montebello Bus Lines
3 EXHIBIT B: REFERENCES
Allied Universal® Response to Montebello Bus Lines
4 EXHIBIT C: INSURANCE
Allied Universal’s insurance requirements outlined in the contract documents can be obtained and will be carried out without reservation or exclusion should Allied Universal be awarded a contract pursuant to this RFP. A sample COI is attached below:
Allied Universal® Response to Montebello Bus Lines
5 EXHIBIT D: COST PROPOSAL SHEET
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $19.00 $28.12 $42.18 $245,656.32 Standard Officers Metrolink, CA 168 $19.00 $28.12 $42.18 $245,656.32 Transit Officers On Bus Lines, CA 336 $20.00 $29.60 $44.40 $517,171.20 Mobile Transit Security Supervisor Mobile, CA 168 $23.00 $34.04 $51.06 $297,373.44 Sub-Total 840 $1,305,857.28
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $14,544.00
Sub-Total $50,484.00
Grand Total $1,356,341.28
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $20.00 $29.60 $44.40 $258,585.60 Standard Officers Metrolink, CA 168 $20.00 $29.60 $44.40 $258,585.60 Transit Officers On Bus Lines, CA 336 $21.00 $31.08 $46.62 $543,029.76 Mobile Transit Security Supervisor Mobile, CA 168 $24.00 $35.52 $53.28 $310,302.72 Sub-Total 840 $1,370,503.68
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $15,416.64
Sub-Total $51,356.64
Grand Total $1,421,860.32
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 168 $21.00 $31.08 $46.62 $271,514.88 Standard Officers Metrolink, CA 168 $21.00 $31.08 $46.62 $271,514.88 Transit Officers On Bus Lines, CA 336 $22.00 $32.56 $48.84 $568,888.32 Mobile Transit Security Supervisor Mobile, CA 168 $25.00 $37.00 $55.50 $323,232.00 Sub-Total 840 $1,435,150.08
Direct Bills (Estimate) Annual Cost
(5) Heliaus at $199/month $11,940.00
(1) Chevy Trax @ $2,000/month $24,000.00
Holiday $16,341.64
Sub-Total $52,281.64
Grand Total $1,487,431.72
City of Montebello
Rate Card and Total Spend - Year 3
Rate Card and Total Spend - Year 2
City of Montebello
Rate Card and Total Spend - Year 1
City of Montebello
Allied Universal® Response to Montebello Bus Lines
6 The suggested deployment based on the proposed costs herein are as follows:
Montebello Bus Lines HQ: 1 officer on duty 24/7/365.
Metrolink Station: 1 officer on duty 24/7/365.
Bus Riding Specially Trained Transit Security Officers: Our proposal is based on the deployment of three (3) two (2) man teams being deployed each day. Schedule each day would be as follows:
Team 1 (two officers): 4:30am – 12:30pm 7 days/week
Team 2 (two officers): 9:30am – 5:30pm 7 days/week
Team 3 (two officers): 2:15pm – 10:15pm 7 days/week
Dedicated Mobile Supervisors: Dedicated mobile supervision will be provided 24/7/365. The mobile supervisor will be provided a company vehicle and will be responsible for providing 2 inspections per post per shift. The mobile supervisors will be available at all hours to assist static posts (HQ and Metrolink sites) as well as transit security officers with any issues encountered while riding bus lines.
HELIAUS: All posts will be equipped with our proprietary HELIAUS guard tour system.
The proposed plan took into consideration the overall spending for the City of Montebello. Allied Universal is proposing this plan as a basis for deployment discussion with the City. We welcome and encourage an open dialogue with the City to discuss increases or decreases in the proposed services.
Allied Universal® Response to Montebello Bus Lines
7 EXHIBIT E: STATEMENT OF DISADVANTAGED BUSINESS
ENTERPRISE PARTICIPATION
Allied Universal® Response to Montebello Bus Lines
8 EXHIBIT F: BIDDER’S LIST OF SUBCONTRACTORS (DBE
AND NON-DBE)
Allied Universal® Response to Montebello Bus Lines
9 EXHIBIT G: CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
Allied Universal® Response to Montebello Bus Lines
10 EXHIBIT H: PERFORMANCE GUARANTEE CERTIFICATION
Copy of Bid Bond found on following pages
Allied Universal® Response to Montebello Bus Lines
11 EXHIBIT I: PERFORMANCE BOND
Allied Universal® Response to Montebello Bus Lines
12
Allied Universal® Response to Montebello Bus Lines
13
Allied Universal® Response to Montebello Bus Lines
14
Allied Universal® Response to Montebello Bus Lines
15
Allied Universal® Response to Montebello Bus Lines
16
Allied Universal® Response to Montebello Bus Lines
17 EXHIBIT J: Irrevocable Standby Letter of Credit Certificate
Allied Universal® Response to Montebello Bus Lines
18 EXHIBIT K: BANK DRAFT
Allied Universal® Response to Montebello Bus Lines
19 EXCEPTIONS
We note the requirement in Section 3 “Licensing and Permits” paragraph on page 17 of the RFP for the Contractor to be “bonded.” Is that a reference to a license bond or a fidelity bond? If it is the latter, the dishonest acts of our Allied Universal’s personnel are covered by Commercial Crime Insurance, but we do not bond our employees. We respectfully request that Commercial Crime Insurance be permitted to be substituted for fidelity bonding.
Allied Universal respectfully requests that Section 1 of the template Professional Services Agreement be revised to add the following as new Section 1.F on page 33 of the RFP to permit the Contractor to raise billing rates when and as needed to recoup increases in certain costs that are outside of the Contractor’s control:
• Rate Adjustments - Notwithstanding anything to the contrary, in the event that Contractor experiences an increase in its costs resulting from any increase, whether or not anticipated, in or resulting from: (1) Federal, state or local taxes, levies, or required withholdings imposed or assessed on amounts payable to and/or by Contractor hereunder or by or in respect of Contractor to its personnel; (2) Federal, state or local minimum wage rates, mandated paid time off and/or sick leave, changes in overtime wage regulations, uniform maintenance expenses or other required employee allowances, licensing fees, or wage, medical, welfare and other benefit costs under collective bargaining agreements; and/or (3) costs related to medical and/or welfare benefits and other requirements, including without limitation costs incurred by Contractor pursuant to applicable federal, state and/or local law, the hourly billing rates set forth in Exhibit “D” shall be increased by a percentage equal to the percentage increase in Contractor’s costs resulting from the items set forth in this paragraph. Contractor will provide the City notice of such change in the hourly billing rates. Notwithstanding anything to the contrary, Contractor may pass through the costs set forth in this paragraph to the City as incurred or accrued and the City shall pay Contractor for such costs.”
Allied Universal respectfully requests that Section 2 of the template Professional Services Agreement on page 33 of the RFP be revised to add the following as the last sentence to clarify that extension of the term for any option year is contingent on agreement of the parties as to the hourly bill rates for such option year:
• “Anything to the contrary notwithstanding, extension of the term for either option year is contingent on agreement by the parties as to the hourly billing rates for such option year.” Allied Universal respectfully requests that Section 8.B of the template Professional Services Agreement on page 35 of the RFP be revised to give the Contractor the reciprocal right to terminate the Agreement for convenience on 90 days’ prior written notice to the City.
Allied Universal stands behind our security services and regularly accepts the obligation to indemnify and defend clients for the portion of any losses, costs or damages that are caused by the negligent acts or omissions of our personnel in the performance of security services under client agreements. We respectfully request that the provisions cited below be revised as follows to reflect those parameters:
• Section 14 of the template Professional Services Agreement on page 37 of the RFP:
o On line 6, replace the phrase “arising out of” with the phrase “to the extent caused by.”
Allied Universal® Response to Montebello Bus Lines
20 o On lines 7-8, delete the phrase “except only liability arising out of the sole negligence of CITY” in its entirety.
• Exhibit A Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution:
o On lines 5-6, replace the phrase “resulting from” with the phrase “to the extent caused by.”
o Delete the following sentences in their entirety:
▪ Second sentence beginning with the phrase “This indemnity” on line 10. ▪ Sixth sentence beginning with the phrase “Notwithstanding the foregoing” on line 16.
We note the requirement of Professional E&O Liability insurance in the paragraph titled “Professional Errors and Omissions (E&O) Liability” in Section 15 of the template Professional Services Agreement on page 38 of the RFP. Allied Universal carries E&O insurance as part of the Commercial General Liability policy, and not as a standalone policy. We respectfully request that the following be added as the last sentence of the cited paragraph to reflect those parameters:
• “Such coverage may be combined with the Commercial General Liability limits.” We note that the City requires that the City’s rights as an additional insured extend to the Contractor’s entire tower of insurance. Note Section 15 of the template Professional Services Agreement, the paragraph that immediately follows the paragraph titled “Professional Errors and Omissions (E&O) Liability” on page 38. Allied Universal is a large security provider and maintains insurance limits that are commensurate with our size and scope of operations. This requirement may appear facially fair, but in effect it compels big firms to provide much larger amounts of insurance. Although each bidder may offer the specified insurance coverage, in the case of a large bidder, the City would be getting access to tens of millions more insurance than it would from other smaller bidders. Such a result is unfair. That requirement also effectively precludes us from accessing any portion of our insurance to satisfy other claims from time to time. However, we appreciate the City’s desire for additional coverage, and therefore we propose a compromise whereby Commercial General Liability limits will be increased to $10 million per occurrence and Auto Liability limits will be increased to $5 million per accident in exchange for deletion of the cited paragraph. Is that compromise acceptable? Allied Universal routinely adds clients as additional insureds on our insurance policies, so long as our obligations are aligned with our indemnification obligations and limited to the specified insurance limits we have agreed to provide. The foregoing parameters are stated in our contracts, and the additional insured endorsements to all of our insurance policies cover each additional insured to the extent of those contractual requirements. Our additional insured endorsements are broadly written to cover each additional insured “where required by written contract.” Furthermore, because our additional insured endorsements are blanket endorsements, additional insureds need not be expressly named in order to be covered. We respectfully request that the provisions cited below be revised as follows to reflect those parameters:
• Section 15 of the template Professional Services Agreement, last paragraph on page 38 of the RFP:
o Insert the following as the first sentence:
▪ “The CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers shall be included as additional insureds, to the extent of
Allied Universal® Response to Montebello Bus Lines
21 CONTRACTOR’S indemnification obligations under this Agreement and up to the required insurance coverage amount, on the CONTRACTOR’s general liability and automobile policies of insurance.”
o On line 2, replace the word “naming” with the word “including.” o On line 3, insert the phrase “where required by written contract” at the end of the sentence after the phrase “additional insureds.”
o Insert the following sentence before the phrase “All of the policies” on line 3:
▪ “Coverage may be provided by a blanket endorsement that covers all additional insureds where required by written contract.”
• Exhibit C “Insurance”
o Delete the last sentence of Section F in its entirety.
Allied Universal® Response to Montebello Bus Lines
22
October 14, 2022
Rohan Anderson
Senior Procurement Analyst
City of Montebello
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
RE: BAFO for RFP 22-7, Unarmed Transit Security Guard Services
Dear Rohan,
Thank you for inviting Allied Universal to meet with Montebello Bus Lines to discuss our proposal with respect to the Transit Security Guard Services RFP. Pursuant to our meeting and the subsequent request for a BAFO, Allied Universal is pleased to present the following modifications to the original proposal, including a new work schedule, proposed rates for the new schedule, and the overall spend that would apply to the new schedule. In addition we would like to present MBL a catalogue of various uniform styles and colors that we can provide under any new agreement.
New Proposed Officer Deployment and work schedule
Security Supervisor – M-Fri 6:30 am thru 10:30 pm (16hrs per day) ; Sat & Sun 10 am thru 6 pm (8hrs each day)
Security Officers HQ - M-Fri 6:30 am thru 10:30 pm (16hrs per day); No shifts on the weekends Security Officers Metrolink – 24/7/365
Transit Officers - M-Fri 6:30 am thru 10:30 pm (16hrs per day) 2 teams of 2 ; Sat & Sun 10 am thru 6 pm (8hrs each day) one shift
Proposed HPW with Rates
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $19.00 $28.12 $42.18 $116,979.20 Standard Officers Metrolink, CA 168 $19.00 $28.12 $42.18 $245,656.32 Transit Officers On Bus Lines, CA 192 $20.00 $29.60 $44.40 $295,526.40 Mobile Transit Security Supervisor Mobile, CA 96 $23.00 $34.04 $51.06 $169,927.68 Sub-Total 536 $828,089.60
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $9,222.86
Sub-Total $33,174.86
Grand Total $861,264.46
City of Montebello
Rate Card and Total Spend - Year 1
The above terms include fuel for vehicle being provided by MBL.
With respect to uniform choices, Allied Universal recommends our hard profile military style type uniform for the Headquarter facility as well as the Metrolink site. We recommend a softer polo style (Bike Patrol Polo) for the bus riding officers. Examples of the two types of uniforms are depicted in the attached uniform catalogue. While these are our recommendations, MBL can look through the attached catalogue for other options as well.
It has truly been our honor serving MBL and the City of Montebello. We look forward to the opportunity to grow our partnership under the new security deployments.
Sincerely,
Allied Universal Security Services
Tad Garabedian
Government Specialist
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $20.00 $29.60 $44.40 $123,136.00 Standard Officers Metrolink, CA 168 $20.00 $29.60 $44.40 $258,585.60 Transit Officers On Bus Lines, CA 192 $21.00 $31.08 $46.62 $310,302.72 Mobile Transit Security Supervisor Mobile, CA 96 $24.00 $35.52 $53.28 $177,315.84 Sub-Total 536 $869,340.16
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $9,776.23
Sub-Total $33,728.23
Grand Total $903,068.39
Rate Card and Total Spend - Year 2
City of Montebello
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $21.00 $31.08 $46.62 $129,292.80 Standard Officers Metrolink, CA 168 $21.00 $31.08 $46.62 $271,514.88 Transit Officers On Bus Lines, CA 192 $22.00 $32.56 $48.84 $325,079.04 Mobile Transit Security Supervisor Mobile, CA 96 $25.00 $37.00 $55.50 $184,704.00 Sub-Total 536 $910,590.72
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $10,362.81
Sub-Total $34,314.81
Grand Total $944,905.53
City of Montebello
Rate Card and Total Spend - Year 3
October 14, 2022
Rohan Anderson
Senior Procurement Analyst
City of Montebello
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
RE: BAFO for RFP 22-7, Unarmed Transit Security Guard Services
Dear Rohan,
Thank you for inviting Allied Universal to meet with Montebello Bus Lines to discuss our proposal with respect to the Transit Security Guard Services RFP. Pursuant to our meeting and the subsequent request for a BAFO, Allied Universal is pleased to present the following modifications to the original proposal, including a new work schedule, proposed rates for the new schedule, and the overall spend that would apply to the new schedule. In addition we would like to present MBL a catalogue of various uniform styles and colors that we can provide under any new agreement.
New Proposed Officer Deployment and work schedule
Security Supervisor – M-Fri 6:30 am thru 10:30 pm (16hrs per day) ; Sat & Sun 10 am thru 6 pm (8hrs each day)
Security Officers HQ - M-Fri 6:30 am thru 10:30 pm (16hrs per day); No shifts on the weekends Security Officers Metrolink – 24/7/365
Transit Officers - M-Fri 6:30 am thru 10:30 pm (16hrs per day) 2 teams of 2 ; Sat & Sun 10 am thru 6 pm (8hrs each day) one shift
Proposed HPW with Rates
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $19.00 $28.12 $42.18 $116,979.20 Standard Officers Metrolink, CA 168 $19.00 $28.12 $42.18 $245,656.32 Transit Officers On Bus Lines, CA 192 $20.00 $29.60 $44.40 $295,526.40 Mobile Transit Security Supervisor Mobile, CA 96 $23.00 $34.04 $51.06 $169,927.68 Sub-Total 536 $828,089.60
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $9,222.86
Sub-Total $33,174.86
Grand Total $861,264.46
City of Montebello
Rate Card and Total Spend - Year 1