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Professional Services Agreement

Rialto City Council
February 8, 2022

Document
Professional Services Agreement
Meeting
February 8, 2022
Body
Rialto City Council
Original file
569 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO AND
(AMERICAN GUARD SERVICES, INC.)
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 8th day February, 2022, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and American Guard Services, Inc ., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.

RECITALS
A. City has sought, by Request for Proposals No. 22-007, the performance of professional services related to Security Guard and P atrol Services , as defined and described particularly in Article 1 of this Agreement.

B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.

C. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for the performance of those servic es defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with (Security Guard and Patrol Services), and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein.

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Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those st andards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 22-007; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The Contract Documents and Accepted Proposal shall be incorporated herein by this refer ence as though fully set forth herein. In the event of any inconsistency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments.

Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of th e services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fu lly acquainted with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediate ly inform the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.

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1.6 Care of Work.

Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuou s protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Prevailing Wages.

Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Titl e 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevai ling Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.8 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialto Mu nicipal Code section

2.48.180, increases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when consider ing any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be Page-4
approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Cost Proposal” attached hereto as Exhibit “B” and incorporated herein by th is reference. The length of the initial contract will be sixteen months beginning March 1, 2022 through June 30, 2023 with an initial amount not to exceed One Million Twent y Thousand Eight H undred Seventy Four Dollars and Twenty Four Cents ($1,020,874.24), the “Initial Contract Sum.” The Agreement may be extended by the City Manager based upon success ful performance of the services for up to four (4) consecutive one (1) year optional renewal periods under the terms and conditions of this Agreement , upon execution of an Amendment to the Agreement by both Parties. Should the City Manager elect to exercise the option to extend this Agreement for an additional one (1) year period, the Parties shall negotiate pricing for such period prior to commencement of the additional one year period.

Negotiated price increases during the additional one (1) year period shall not exceed the percentage change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Los Angeles, Long Beach and Anaheim, CA" (CPI) for the most recent twelve months for which statistics are available as of May of each contract period.

This method of price negotiation shall apply to each extension period e xercised. Option years shall become effective only upon issuance by the City of a n Amendment to the Agreement executed by both Parties.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

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Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to c ause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

2.5 No Waiver.

Review and payment by City to Consultant of any invoice for work performe d by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ C” and Page-6
incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, i f the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section

1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall commence on March 1, 2022, and extend through June 30, 2023.

The City may elect to exercise an extension to renew this Agreement for an additional four (4), one (1) year terms, as follows:
• The first optional exte nsion will be for twelve (12) months from July 1, 2023, through June 30, 2024.
• The second optional extension will be for twelve (12) months from July 1, 2024, through June 30, 2025.
• The third optional extension will be for twelve (12) months from July 1, 2025, through June 30, 2026.
• The fourth optional extension will be for twelve (12) months from July 1, 2026, through June 30, 2027.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Gerald Gregory Executive Vice President
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(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be respo nsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclus ive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant s hall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that City , in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferre d under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employe es or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept in formed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, dis charge, supervision or control of Consultant’s employees, servants, Page-8
representatives, or agents, or in fixing their number, compensation, or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees o f City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall b e in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.

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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insuranc e required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consu ltant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insu rance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the se lf-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, Page-10
leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’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, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limitin g in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise respon sible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and suc h subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the fu ll extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection w ith the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising fr om Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees t o save and hold the City, its officers, agents, and employees harmless therefrom; Page-11
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer or Surety.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and th e City shall have access to such records in Page-12
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase o r decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, d esigns, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by t he Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant sha ll have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers , employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Page-13
work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, o r any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of depositi on, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed, and governed both as t o validity and to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue com pensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for a ny losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. I n the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liabilit y for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same defaul t or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specif ic performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contr act except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where terminati on is due to the fault of the Consultant, Page-15
the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after complia nce with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the com pensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonab le costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforc eable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

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Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s perfo rmance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Cons ultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall Page-17
reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Facilities and Equipment.

Except as otherwise provided, Consultant shall , at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction facilities.

9.2 Payment of Taxes.

Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.

9.3 Notices.

All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmi ssion, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms o f electronic transmission such as e -mails, text messages, instant messages are not acceptable manners of notice required hereunder.

Notices or other communications shall be addressed as follows:

If to City: City of Rialto
150 S. Palm Ave.

Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527

With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
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Fax: (951) 788-5785

If to Consultant: American Guard Services, Inc.
1125 W. 190th Street
Los Angeles, CA 90248
Gerald Gregory, President
800-441-1808
[email protected]

Either Party may change its address by notifying the other Party of the change of address in writing.

9.4 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.5 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment.

This Agreement including the attachments hereto i s the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous nego tiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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9.8 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.

CITY: CONSULTANT:

CITY OF RIALTO, a California
municipal corporation
American Guard Services, Inc. , a
California corporation

By: By:

Marcus Fuller, City Manager Signature

ATTEST: Gerald Gregory
Name

By:

Barbara A. McGee, City Clerk Executive Vice President Title

APPROVED AS TO FORM:

By:

Burke, Williams & Sorensen, LLP Signature

By: Sherine Assal
Eric S. Vail, City Attorney Name

Chief Executive Officer
Title

**Two signatures are required if a
corporation**

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EXHIBIT “A“

SCOPE OF SERVICES

Consultant shall provide Security Guard and Patrol Services as outlined herein. a. Contractor shall provide, at its sole expense, all of the requirements of this Contract.

The required services include, without limitation, providing all tools, equipment, resources, and labor necessary to maintain prop er security measures at all times during their on -site hours; ensure that facilities are secure (doors and windows); inspect the properties (make rounds); log events: loitering, vandalism; and perform all other tasks to accomplish the preceding requirements as specified herein.

b. Contractor shall provide a program of comprehensive security coverage by providing sufficient and qualified employees to perform these services.

c. Services shall be performed in full compliance with Federal, State and local laws including the Rialto Municipal Code. The Rialto Municipal Code (RMC) is available on the City of Rialto website at www.yourrialto.com.

d. Officers assigned to the City shall provide physical and other related secur ity deterrence.

e. Security Guards shall enforce laws, rules and regulations for the protection and security of City property and to maintain a safe environment.

f. Maintain high visibility, answering routine questions; provide directions and handling problems (incidents, criminal acts, etc.) Security Guards shall also patrol and otherwise conduct themselves through high visibility patrols of City Facilities, various sites, including parking areas and shall patrol these areas hourly throughout each shift.

g. Investigate unusual or suspicious conditions (vehicle, people, etc.) and report findings to law enforcement as necessary.

h. Generally, the scope of work to be provided is shown in the following Tables:

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*The Metrolink Station is open and receives commuter train traffic 365 days a year, holidays included.

City Facilities and Rialto Utility Sites Security Schedule (Roaming Un-Armed Guards)
Services are expected for seven (7) days per week, 365 days per year.

Day of Week Start Time End Time Total Hours
Monday through Friday 7:00 PM 6:00 AM 11 hours
Saturday 7:00 PM 6:00 AM 11 hours
Sunday 7:00 PM 6:00 AM 11 hours
*The City of Rialto observes holiday closures as listed below; however, the Roaming Patrol of City Facilities and Utility Sites are required 365 days per year.

Community Center (Carl Johnson Center & Skate Park)
214 N. Palm Ave.
(Un-Armed Guard)
Services are expected for seven (7) days per week.
*The Community Center observes the City of Rialto holiday closures.

Day of Week Start Time End Time Total Hours
Monday through Friday 3:00 PM 10:00 PM 7 hours
Saturday 10:00 AM 10:00 PM 12 hours
Sunday 10:00 AM 9:00 PM 11 hours
Metrolink Station and Downtown Business District Security Schedule (ARMED GUARDS)
This location will require the two (2) security guards to provide patrol services to the Rialto Downtown Business District at pre -designated times, with an approximate two-mile loop.

One (1) security guard is expected to patrol the Downtown Business District a minimum of three times a day, seven days a week (Monday through Sunday) while the other guard is patrolling the Metrolink Station, platforms, and parking lot.

Day of Week Start Time End Time Total Hours
Monday to Friday
15 Min. prior to first train
(First Train scheduled
for 4:00 AM)
15 Min. after last
train
(Last Train
Scheduled for 11:21
PM)
Approximately

20.25 hours
Saturday 7:00 AM
15 Min. after last
train
(Last Train
Scheduled for
1:00 AM)
Approximately

18.25 hours
Sunday 7:00 AM
15 Min. after last
train
(Last Train
Scheduled for 10:30
PM)
Approximately

15.75 hours
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Senior Center
1411 S. Riverside Ave.
(Unarmed Guard)
Services are expected for five (5) days per week.

The Senior Center observes the City of Rialto holiday closures.

Day of Week Start Time End Time Total Hours
Monday through Friday 10:30 AM 1:30 PM 3 hours
Monday through Friday 4:00 PM 9:00 PM 5 hours
Rialto Fitness & Aquatic Center
1243 S. Riverside Ave.
(Unarmed Guard)
Services are expected for seven (7) days per week.

The Racquet and Fitness Center is open every day of the year with the exception of Thanksgiving and Christmas Days.

Day of Week Start Time End Time Total Hours
Monday through
Thursday 4:30 AM 7:30 AM 3 hours
Monday through
Thursday 7:30 PM 10:30 PM 3 hours
Friday 4:30 AM 7:30 AM 3 hours
Friday 5:30 PM 8:30 PM 3 hours
Saturday and Sunday 6:30 AM 9:30 AM 3 hours
Saturday and Sunday 1:30 PM 4:30 PM 3 hours

i. General Scope of Work for City Wide Roaming Patrols:
i. Throughout each shift, the assigned unarmed Security Guard(s) shall drive a route, which includes all of the locations listed below. The route shall randomly vary to eliminate predictability. This route shall include all locations designated by the City for patrol and is subject to change and will be based on the City ’s needs, as determined by the City. All City facilities listed below require a drive by visual inspection of the perimeter and a physical check of gate locks or doors to ensure the facilities have been properly secured.
ii. The City Facilities to be patrolled include the following:

City Facilities and Utility Sites Security Schedule
(Roaming Un-Armed Guards)
Services are expected for seven (7) days per week, 365 days per year.

Day of Week Start Time End Time Total Hours
Monday through Friday 7:00 PM 6:00 AM 11 hours/day
Saturday 7:00 PM 6:00 AM 11 hours/day
Sunday 7:00 PM 6:00 AM 11 hours/day

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Utility Sites
Utility Site or Well Name Location
City Well 1 & City Well 2 Lytle Creek Wash, north of previous Country Club City Well 3 705 East Easton and Eucalyptus
City Well 4 1985 West 9th and Pennsylvania
(Site location within San Bernardino city limits)
City Well 5 2151 West Baseline and Lassen
(Site location within San Bernardino city limits)
City Well 6 2261 West Baseline and Lassen
(Site location within San Bernardino city limits)
Miro Well No. 3,
Rialto Well 3 and
(co-located)
1457 North Linden and Miro Way
Miro Well 2 1739 Miro Way, Rialto
EW-1 Well Site 1485 North Ayala Drive (Jerry Eaves Park) Chino 1 780 West Rialto Avenue and Cactus Avenue
Chino Well 2 225 West Bloomington and Riverside
Rialto 4 725 West Baseline and Cactus
Rialto Well 5 648 West Etiwanda and Yucca
Booster 1 & Booster 2 2301 West Baseline and Lassen
(Site location within San Bernardino city limits)
Cactus Reservoir and
Booster 4 and 5 725 West Baseline Road, and Cactus
Boosters 6 through 10 303 West Baseline and Willow
Cedar Reservoirs
No. 1 & No. 2 2610 North Cedar Avenue
Easton Reservoir 140 West Easton and Riverside
Highland Reservoir 156 East Easton Avenue
Cactus Reservoir 725 West Baseline and Cactus
Renaissance Booster
Station 1078 West Renaissance Parkway (Cracker Barrel)
Rialto Wastewater
Treatment Plant
501 East Santa Ana Avenue
(Site location within Bloomington area)
Agua Mansa Sewer Lift
Station 456 Agua Mansa Road (34.0454109, -117.3599403)
Ayala Sewer Lift Station 1888 North Ayala Drive (34.1347223, -117.3924958) Cactus Sewer Lift Station 1984 North Cactus Avenue (34.1352763, - 117.3848663)
Lilac Sewer Lift Station 19506 North Tahoe Avenue (34.1354125, - 117.3792797)
Sycamore Sewer Lift Station 1986 North Sycamore Avenue (34.135532, - 117.3661117)
Frisbie Sewer Lift Station 1885 North Eucalyptus Avenue (34.1337917, - 117.3572451)
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j. Roaming security patrols of City Park Sites requires that the assi gned unarmed Security Guard(s) visit each Park Site twice (2) per shift to inspect security gates and fences. Security Guard(s) physically walk and patrol each Park Site. Security Guard(s) are required to open (unlock) and close (lock) public restrooms and gates at each City Park Site on a daily basis, seven (7) days a week.

k. In addition to the roaming security patrols of City Park Sites there will be a requirement for an after hour stationary security at Frisbie Park. This stationary security will require two (2) security guards at Frisbie Park from the hours of 10:00 PM to 6:00 AM. This after hour security will be evaluated through the terms of the contract and may be cancelled at any time at the direction of the City Manager with proper written notice.

l. The City Park Sites are identified as follows:

Park Site Address
Andreson Park 760 South Lilac
Birdsall Park 2611 North Linden
Bud Bender Park 300 North Lilac
Ferguson Park 2395 West Sunrise
Flores Park 1020 West Etiwanda
Frisbie Park 1901 North Acacia
Jerry Eaves Park 1485 North Ayala
Joe Sampson Park 650 W Randall Ave
Margaret Todd Park 201 North Willow
Rialto Park 130 East San Bernardino

m. City Facilities to be patrolled:

Building Address
Administration/City Council**
Community Development **
Finance**
Rialto Network**
City Hall Complex
150 South Palm Avenue
City Clerk** 290 West Rialto Avenue
Fleet 245 and 247 South Willow
Avenue
Purchasing 249 South Willow Avenue
ITS 251 South Willow Avenue
Public Works Maintenance & Operations
Human Resources
246 South Willow Avenue
Public Works Department
Administration/Water Operations
335 West Rialto Avenue
Police Department Annex 429 West Rialto Avenue

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**Building Entrance/Exit doors for these facilities must be physically checked to ensure they are locked**

n. City facilities also include:

i. All alleyways in the Downtown Business District
ii. Special Note: The assigned Security Guard(s) shall be responsible for receiving after-hour calls from the City’s alarm monitoring company. A 24 -hour phon e number shall be made available by which the assigned Security Guard(s) can receive immediate notice of an alarm call. The assigned Security Guard(s) shall immediately respond to any alarm call, physically inspect the City Facility, and determine the nat ure of and r eason for the triggered alarm. Appropriate steps shall be taken to secure the City Facility and address the nature of the triggered alarm, including, as necessary, coordination with the Rialto Police Department.

An incident report shall be co mpleted and emailed to the City’s designated representatives no later than the next City business day. iii. General Scope of Work (Metrolink and Downtown Patrols):

i. Throughout each shift at the Metrolink Station, the two assigned armed Security Guard(s) shall be on site at least fifteen (15) minutes prior to the first train and until at least fifteen (15) minutes after the last train on a daily basis, seven (7) days per week. Security Guards shall schedule their patrol routes to coincide with the arrival and departure o f Metrolink trains. In addition, the Security Guards shall provide bicycle or foot patrolled services to the Rialto Downtown Business District at least three (3) times per day and must make positive contact with businesses in the Downtown Business District. Daily movement will be continuous with no more than ten (10) minutes per hour in office areas with an approximate two-mile route during Downtown Business District patrols. This patrol route begins at the Metrolink Station and extends north on Riverside Avenue to Second Street and returning along the opposite side of Riverside Avenue. Routes should be varied and include the alleyways to either side of Riverside Avenue.

Security Guard(s) shall be available by cell phone.

ii. All Security Gua rds, except for those assigned to the Metrolink/Rialto Downtown Business District patrol, shall be unarmed.

iii. Security Guards assigned to the Metrolink station shall assist patrons with ticket purchases and schedules. The Security Guards assigned to this post shall also report malfunctioning ticket machines as required.

iv. General Scope of Work (Recreation Services)
i. Throughout each shift, the assigned unarmed security guard(s) shall patrol the Community Center, Rialto Fitness & Aquatic Center and Senior Center A-7
on a varying schedule in addition to other assigned City patrols. Prior to the start of patrol, guards shall check-in with staff at each facility.

2. Days and Hours of Service

a. The City understands that the numbers of hours of service may vary slightly for weekdays and weekends from one year to the next year due to when those days fall on the calendar.

b. The number of hours for Holidays will not increase unless the City adds additional holidays.

c. Hours and Holidays are subject to change. The City will n otify Contractor regarding any proposed or actual changes as soon as reasonably possible.

d. Location changes and additional sites, while they are not foreseen during the duration of the resultant contract, may occur.

e. Special Events or Emergencies

i. Additional securit y services may be required for special events or emergencies at the established contracted rate(s).

ii. Contractor shall be capable of providing security officers for emergency situations within a two (2) hour response time after notification by the City.

f. Holidays

i. Only the City of Rialto holidays will be observed as holidays.

ii. The City’s Community Services Department and Metrolink Station may observe a different holiday schedule.

iii. In addition to the specific days listed above, the City’s office s are generally closed from the day observed for the Christmas holiday until the New Year. For 2021, the City offices are closed December 24, 2021, and remain closed until the first business day of the New Year or January 3, 2022.

iv. The following days are recognized as City of Rialto holidays:

1. New Year’s Day

2. Martin Luther King Day

3. Cesar Chavez Day

4. Memorial Day

5. Independence Day
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6. Labor Day

7. Veterans’ Day

8. Thanksgiving Day

9. Christmas Day

g. Shift Length

i. Contractor employees shall have a minimum of 8 hours off duty between tours on this contract, except in emergency situations. In the case of such emergency, the authorized representative shall be notified. The intent of this request is to assure the City of Rialto of an alert security officer service. A 10 -15 minute overlap of shifts is appropriate for information exchange. Hourly rates paid to the Contractor shall include any shift differential, overtime, holiday or other special pay; additional rates will not be paid.

3. Contractor’s Responsibilities

a. Contractor shall be responsible for the development, design, coordination, and supervision of all services associated with the security program at the City’s facilities. These activities include, but shall not be limited to, the following:

i. Evaluating, recruiting, scr eening, supe rvising, and training of personnel.

ii. Evaluate and provide adequate field supervision to ensure officers arrive at assigned post on time, fit for duty, in proper uniform, and properly trained and oriented and perform their duties throughout their assigned s hift, and provide backup as needed during all required hours.

iii. Provide at a minimum of three (3) flex officers at all times assigned to work the City account to fill in for other officers while they are on vacation, sick, military leave, jury duty, etc. These officers shall meet all of the requirements of this Contract.

iv. A written incident report submitted to the City’s is required of all incidents. Incidents include, but are not limited to, homicide, assault, robbery, major vandalism, bomb th reats, auto theft, any injury, evacuation of any facility, trespassers, and conflicts with employees, etc.

v. Security Incident Reports and Security Officer Daily Reports are to be provided weekly. All reports are due by 8:00 AM on Tuesday for the preceding week.

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vi. Contractor must provide hand -held mobile communication equipment (cellular telephone) and rechargeable flashlights for each officer on duty to enable communications throughout the City, both indoors and outdoors. Security officers must carry the issued hand- held mobile communication devices on their person at all times. A security officer shall be able to summons law enforcement within thirty (30) seconds after the officer determines he/she needs assistance.

vii. Contractor is responsible for providin g replacement bulbs and rechargeable batteries for the flashlights and an adequate number of chargers for cellular telephone equipment.

viii. Contractor is responsible for maintaining the cellular telephone equipment and for providing replacements while any u nit is out f or repairs.

ix. Contractor must provide cellular phones and relevant phone numbers must be provided to the City’s authorized representative.

x. Contractor is responsible for equipping each site with handheld rechargeable spotlight/flashlight, an d a digital camera for security officer use at each security stations (4) and contractor provided vehicle(s).

xi. Contractor shall provide and maintain an adequate supply of flashlights and batteries, raingear, uniforms, clipboards , and any other personnel equipment reasonably necessary for each Security Guard to perform their assigned duties. All equipment used by the Contractor perform the required services of the contract shall be maintained by the Contractor.

xii. Contractor is responsible for providing a suf ficient supply of bottled drinking water for security officer consumption during the days reaching 85 degrees or more.

xiii. Contractor is responsible for providing security service for the days and hours specified. Any officer unable to work his/her shift must be replaced by Contractor before the start of the shift. No overtime shall be charged to the City. Contractor must replace any post that is left vacant unexpectedly within 30 minutes and not charge for time not worked. A service credit may be applied under these circumstances for failure to provide the contracted service.

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xiv. There may be occasions when an additional officer is required for special events which will be billed at the stated contract rate.

xv. The Contractor will receive the City -owned equ ipment, keys , electronic card keys to the building, various offices, gates, etc., as required to perform security duties. The contractor shall issue, and account for all City-owned equipment, keys and electronic key cards issued on each shift. All City-owned equipment, keys and electronic key cards shall be returned each shift. Each shift shall be responsible for the safety and security of all City -owned equipment, keys and/or electronic cardkeys in their possession.

xvi. Contractor shall be responsible fo r any and all expenses related to any City-owned equipment replacement where security was found negligent in handling or safeguarding the equipment and required door re -keying as a direct result of security officers losing keys.

Contractor shall also be responsible for any and all expenses related to the replacement of lost electronic cardkeys in the form of a Service Credit.

4. Security Guard/Patrol Requirements

a. These services shall include, but are not limited to, the following:

i. Monitor patrol routes b y physically patrolling each City Facility as directed.

ii. Patrolling the various buildings and parking lots during the day, after business hours, and on weekends/holidays as per the contracted schedule.

iii. Provide security for patrons, buildings, vehicles, and personnel at each City Facility, including, but not be limited to, making rounds and clock rounds of assigned sites and key locations, responding to alarm calls, and checking locks of gates and doors.

iv. Respond to alarms, suspicious activities, fires, injuries, security incidences, or any emergency situation. Request Emergency services as required.

v. Responding to, and reporting on unusual incidents, including altercations, thefts, etc.

vi. Responding to after -hours and weekend alarm calls at City facilities.

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vii. Write reports to document incidents, as required.

viii. Follow guidelines and requirements set forth in the approved Post Orders developed in consultation with the City.

ix. Communicate with a broad diversity of persons, including the communication of information to any member of the public in a courteous and professional manner.

x. Take photographs and document violations and incidents, as required.

xi. Perform any other duties or functions not specifically outlined or set forth above but which are reasonably identi fied as fall ing within the scope and realm of a Security Guard’s duties and responsibilities.

b. Contractor shall provide all necessary equipment for patrol.

c. Contractor must provide one (1) fuel efficient (eco -friendly), marked patrol vehicle, including f uel, maintenance, and insurance at no cost to the City that is properly equipped, maintained, and identified to conduct mobile patrols, Vehicles must meet all pertinent federal, state, and local regulations, including valid registration and emissions controls. Patrol pick- up truck, mileage, gasoline, etc. and associated equipment is not billable to the City.

d. Contractor patrol vehicle must be brand new at the start of the contract and properly equipped (AC/Heater, Blue Tooth, etc.). The vehicle must be replaced when it reaches 125,000 miles and/or 3 years of usage.

e. Vehicle must be in compliance with RMC Chapter 9.32.

f. Contractor must have a system in place for cleaning and maintaining the patrol vehicle that does not impact security assignments. Contract or shall assure the vehicle’s appearance displays a professional appearance at all times (no bumper stickers, dings, dents, etc.). If the assigned vehicle is out for maintenance, a similar vehicle must be provided that has all the equipment listed below. Personal or company vehicles that do not meet the requirements herein shall not be used for patrolling.

g. Patrol Vehicle must have the following:

i. Security Contractor Logo and professional lettering on the sides of the vehicle that states in case of emerge ncy contact 911. Vehicle A-12
shall also identify the company as under contract to the City of Rialto. Vehicle signage must be approved by the City’s authorized representative. Magnetic Decal with the City of Rialto logo on driver and passenger side doors. Logos and de sign must be approved by the City.

ii. External Public Address System

iii. Guard Touring/GPS System (will track vehicle and with reporting available to the City)

iv. Yellow scene management (“SECURITY”) tape (3) rolls

v. Cellular Phone with blue tooth and car charger

vi. Security Guards shall use corporate vehicles (furnished by the employer) for all assigned patrols. All vehicles used shall be safe, clean in appearance and in good working condition. All vehicles shall be identified as “Security Patrol” with the company’s name, insignia, or other identification as approved by the City. Use of personal vehicles for patrols is not acceptable and is cause for termination of the contract.

5. Technical Scope of Work Specifications

a. Contractor shall meet or better the following requirements:

i. Employee Recruitment, Screening and Licensing

1. Contractor’s employees assigned to the City sites shall have the ability to:

a. Read, write accurate, clear, and legible reports speak and understand the English Language, and additio nal
Spanish language skills are desirable. Specifically,
assigned personnel shall be able to report
emergencies to 911 and the City’s authorized
representative. Assigned personnel must be able to
read and understand all post orders, the City’s policies and procedures, and posted warning and danger signs
of potential hazards and safety instructions.

b. Have the necessary public relations skills to deal with employees (Security Contractor & the City) and
customers in a professional, courteous, businesslike
manner.

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c. Understand written and oral rules and regulations and apply them in a tactful and non-confrontational manner.

d. Must possess either a high school diploma or a
General Equivalency Diploma and have 1½ years of
prior security experience or have worked i n a related
field. The minimum age for security officers assigned
to the City is 21 years old.

e. Maintain poise and self-control under stress. Security officer must be able to think and act quickly and
effectively in emergency situations.

f. Must be mentally alert and capable of exercising good judgment, implementing instructions , and assimilating
necessary specialized training. Emotional and mental
stability are essential since duties normally require
contact with public and quick action under emergency
situations.

g. Must be able to stand on their feet for extended periods of time, maneuver stairs and other physically
demanding terrain at the site as regular duties.

Security Officers must make all building rounds/tours
as assigned by the City’s authorized representative.

h. Refrain from fraternization with Agency employees
while on or off duty. This includes but not limited to dating, emails, or other means of communications (i.e.

Social Media – Facebook, Twitter, etc.).

i. Possess and carry in their possessio n while on duty a valid California Driver’s License issued by the State of California Department of Motor Vehicles.

j. Recognize the confidential nature of the information associated with this work. The Security contractor and employees, shall treat all inf ormation and data,
regardless of form that is received, as confidential.

Furthermore, the Security contractor and employees
shall neither discuss nor disclose any information
regarding any of the internal security operations of the City with any uninvolved persons or agencies. The
security contractor’s employees shall not release any
information either verbally or in writing to any
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uninvolved persons and/or agencies without prior
written approval from the City. Also, no photographs
of any of the City’s fa cilities, eq uipment or its
operations covered by this Scope of Work are
permitted without the written consent of the City unless directly pertaining to an incident and the photographs
are being taken to document the incident in question.

Violation of this will result in a service credit and the Security Officer’s immediate removal from the account.

b. Security Guards shall perform patrols, stand guard at a location, and be able to respond to incidents. The primary duties and assignments of the Security Guard include, but are not limited to, the following:

i. Patrol all assigned sites;

ii. Monitor for fire, trespassers, or other irregularities;

iii. Prevent and report acts of theft, vandalism and security breaches;

iv. Investigate suspicious persons or unusual incidents;

v. Report all discrepancies and unsafe conditions, and identify for appropriate remedial action;

vi. Check the security of a City Facility, its materials, equipment, and any perimeter fences;

vii. Respond to complaints and take appropriate action;

viii. Detain persons who violate laws, rules and regulations for law enforcement authorities;

ix. Ensure firefighting equipment, fire lanes, doors and traffic lanes are not blocked by people or equipment;

x. Supervise evacuation procedures when directed;

xi. Report all unusual incidents, irregular activities, events, or property damage;

xii. Prepare reports, maintain required logs and records, and provide copies of reports to designated City staff;

xiii. Operate radios, computers, and telephones to facilitate communication with the City as required;
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xiv. At the end of a public or private event, verify that all persons have cleared the building and all perimeter doors are locked and building is secure.

xv. Preventing trespass on, damage to, or theft of Agency property.

xvi. Inspecting parking areas, enforc ing Agency p arking regulations, and, if requested, conducting traffic control duties.

xvii. Enforcing security procedures and regulations.

xviii. Interacting in a professional manner with the public.

xix. Be a visible presence in the lobbies and other areas when requested.

xx. Responding to emergencies and/or alarms.

xxi. Escorting City personnel or visitors to or from their automobiles as requested and provides general assistance whenever possible.

xxii. Enforcing “No Smoking” policy.

xxiii. Maintaining a daily activity report that summar izes the sig nificant events that occurred during the shift.

xxiv. Survey facilities and parks for any defective exterior lights, electrical outages, broken pipes, broken windows, broken sprinklers, and vandalism. Report any findings to the appropriate City personnel.

xxv. Identify and report any exterior/interior doors or gates not permanently secured and/or requiring maintenance. If the situation is of a suspicious nature, the guard will contact the Police Department Dispatch immediately.

xxvi. Report any urgently or immediately unsafe or dangerous conditions or circumstance, fire hazards, or breaches of security to the Police Department Dispatch.

xxvii. Cooperate with local law enforcement officers.

xxviii. Notify appropriate City personnel and local authorities when emergencies occur.

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xxix. Shift Change: The Security Guard going off of duty shall ensure that relief is properly informed and ready to assume their responsibilities. The guard coming on duty shall read all pass - down information, emails, and alerts at the beginning of ea ch shift and initial in pass -down log book they have done so. Provide briefing of day events, issues, and pertinent information to the relieving security officer.

xxx. Other duties as assigned by the City’s authorized representative.

6. Communications and Records

a. Security Guards shall be in constant communication with a Supervisor and shall have mobile communication capability to contact the Rialto Police Department, as necessary.

b. Security Officer Tour Verification System

i. Security Guards shall furnish, implem ent, and dep loy an appropriate electronic guard tour system acceptable to the City for the City’s use in tracking, auditing , and verifying the patrols completed.

ii. Contractor’s employees shall be responsible for recording rounds using a security officer tour verification system.

iii. Contractor must supply, at Contractor’s sole expense, a security officer tour verification system for use by each and every guard assigned to the City and for each City facility.

iv. System must have Global Posit ioning System (GPS) capabilities.

System must also have real-time reporting and historical reporting capabilities.

v. Contractor must set the patrol points at all facilities, Metrolink Station, and City parks in coordination with the City’s authorized representative.

vi. System must have an Internet and/or a “smart” phone platform.

vii. System or log-in failures may result in a service credit. Continual system or log-in failures may result in termination of the agreement.

c. Security Officer’s Log

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i. Contractor must maintain an Officer’s Log as required below:

ii. Maintain a chronological Officer’s Log for each facility and mobile patrol.

iii. Ensure that the Officer’s Log contains, at least the following minimum information:

iv. The Officer’s name.

v. The times the Officer begins and concludes their shift.

vi. An inspection by the Contractor’s supervisors.

vii. Descriptions of any suspicious persons loitering near the facility.

viii. Description of any acts of vandalism or intrusion.

ix. A report of any event where law enforcement, fire department or other public safety officials are contacted.

x. A description of any other events which the officer may wish to note.

xi. All report entries must be completed honestly, accurately, and in response to an activity.

d. Security Guards shall provide accurate, legible, detailed r eports of da ily activity (DARs) and incidents and submit to the City for its records.

i. DARs and Incident Reports shall include, but not be limited to, all unsafe equipment or conditions observed at any City Facility or Site, any accidents or injuries occur ring on City property, all equipment failures, a count of vehicles remaining in parking lots after hours, alarm calls responded to and guard identification information.

e. The Contractor shall provide a 24-hour call center or staffed phone number for appropriate random patrol response in a timely manner for 365 days of a year for their employees and for the City to contact in the event of an emergency. Communication center phones must be immediately answered and staffed at 24/7 and 365 days a year. The Contractor shall also provide all required portable radios, cellular telephones, and mobile base stations to ensure dissemination of information, to include reporting of incidents, to be done in a timely and effective manner. A Security Guard Supervisor A-18
shall have the com munication capability to make and receive immediate notification to applicable federal, state, or local agencies.

7. Employees

a. Employee Acceptance

i. The City reserves the right to require the Contractor to remove any security personnel from furth er duty associated with this contract, without cause and without the right to recover damages by such security employee or by the Contractor from the City.

ii. If the City requires the removal of any security personnel from duty, the City will attempt to prov ide the Cont ractor reasons for the removal demand. However, the City is not required to provide such reasons, the Contractor may not challenge such reasons, and the Contractor shall immediately remove and replace an individual security employee when requested to do so by the City.

iii. Contractor’s personnel will be permanently assigned to the City and all changes in assignment must be cleared by the City’s authorized representative. The City must be notified in writing when the Contractor terminates any empl oyees assign ed to the Agency. Moreover, the Contractor must notify the compliment of security officers assigned to the City that the employee has been terminated and is no longer allowed on City property unless they have a legitimate reason for doing so.

iv. If determined necessary by the City, all Contractor’s personnel to be assigned to the City of Rialto through the Security Guard Services contract will be interviewed and accepted by the authorized representative prior to being assigned to the City.

b. Excessive turnove r of security officers shall be avoided at all cost. A turnover rate in excess of fifty (50) percent per a fiscal year of the security officer compliment assigned to the City will result in a service credit and will be cause for the Contractor to provide the City with a corrective action plan.

Contractor shall provide a list of all personnel assigned at the start of the contract and shall provide an updated list monthly identifying personnel that have been added and personnel that have been re moved from e ach site and/or mobile patrol.

8. Standards of Conduct
a. The Contractor shall be responsible for maintaining satisfactory standards of competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees as necessary.

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b. Only Security Personnel assigned to stationary or roaming posts, requiring an armed Security Guard, may possess a firearm with the appropriate licenses issued by Bureau of Security and Investigative Services (BSIS).

Security personnel SHALL NOT possess, display, or use firearms outside of their licensed classification, explosives, or other dangerous weapons, including, straight sticks or collapsible batons, knives, saps (clubs), brass knuckles, or Conducted Energy Weapon ( Taser). This includes but is not limited to, the employee’s vehicle, locker, while on City property , or in a security patrol vehicle.

c. Assigned Security Guards will be required to complete a successful background investigation. The City will review backgrou nd investigations and determine, in its sole discretion, the applicability of any assigned Security Guard to the contract.

d. Security personnel must always be diligent, vigilant, and alert and focused on their duties, and should not engage in any activity t hat distracts them from their responsibilities as a security officer.

e. Security Guards shall display a well -groomed and neat appearance; appearances shall generally comply with the military hair/mustache length and style.

f. Security personnel shall not be p ermitted to bring to their respective posts any personal items (electronic or otherwise), except equipment required for duty and food and drink to be consumed at appropriate times.

g. Security personnel are expected to display a professional image at all times while on duty. Consistent with this is the expectation that officers will be alert to their surroundings at all times while on duty and will not be engaged in any activity that distracts them. Security personnel must be instructed that personal activi ties, includ ing but not limited to: watching television, listening to radios or any other audio medium, reading any material that is not job related, socializing, sleeping, telephone usage, leaving their post, entertaining personal visitors, etc., are stri ctly forbidd en and may not be engaged in while on post assignment at the City. Security officers may not smoke while in performance of their duties.

h. Security Officers or Account Manager, or any other employee employed by the Contractor may not present or identify themselves as a City employee and/or express or interpret policies, procedures, statements, and/or opinions of the City to the media.

i. Security Guards may not use drugs, alcohol, or controlled substances while on assigned patrols, and, if found t o be under t he influence, the Security A-20
Guard shall be immediately barred from assignment on the contract, including any criminal enforcement action to be taken by the Rialto Police Department.

j. Security Guards shall be immediately barred from assignment on the contract if the City determines that:

i. The Security Guard was assigned to duties for which they have been disqualified for either suitability or security reasons.

ii. The Security Guard was found to be unfit for performing assigned duties during their patrols.

iii. The Security Guard does not comply with recognized standards of conduct.

k. Authority

i. Security personnel shall be helpful, courteous, and professional at all times.

ii. The primary role of the security officer is to be alert, observe, report, and be present rather than apprehend.

iii. Security personnel shall have normal concern for their own physical safety and shall take reasonable precautions not to place themselves in situations that would encourage violence or abuse against them or other persons in the area.

iv. The use of force shall be avoided except for personal protection or for the safety of others.

l. Equipment/Personal Equipment/Visits

i. At no time shall assigned contract personnel use or tamper with the City’s telephones, computers, or other equip ment for non -City or personal business without prior approval by the City’s authorized representative. Unauthorized use of any City equipment may be cause for removal of the Security Officer from City assignment and the Agency may demand a Service Credit.

m. Security Guard Minimum Qualifications

i. Security Guards shall be a graduate of a state of California certified security officer/guard training program.

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ii. Security Guards shall have appropriate licenses issued by the California Department of Consumer Aff airs – Bureau of Security and Investigative Services.

iii. Security Personnel shall have certification to carry Oleoresin Capsicum (OC) and handcuffs. Security Personnel who are armed shall have all required licenses from BSIS. Security Guards shall possess all required certifications and licenses at all times while on duty.

iv. Security Guards shall possess all necessary certificates and permits required by the state of California and San Bernardino County, including a driver’s license.

v. Security Guards shall possess cur rent First Aid and CPR (Cardiopulmonary Resuscitation) certification cards. Certification as an Emergency Medical Technician level (EMT-1) may substitute for the first aid requirement.

vi. Security Guards must meet the following requirements rega rding personal behavior and ability:

1. Ability to meet and deal tactfully with government personnel, facility employees and the general public;

2. Ability to understand, explain, interpret and apply rules, regulations, directives and procedures;

3. Possess poise, self-confidence and an ability to make sound decisions and react quickly under stressful conditions;

4. Ability to prepare clear and concise reports;

5. Ability to learn and adapt to changing situations;

6. Ability to accept and respond to instructions and direction.

7. Security Guards must be capable of meeting the physical demands. Assigned patrols require frequent and prolonged walking, standing, sitting, bicycling and/or running. Security Guards may encounter smoke and/or chemicals.

Occasionally, security personnel may be required to subdue violent or potentially violent people. Accordingly, physical A-22
stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position.

vii. Background Checks/Pre-employment Screening/Drug Screening

1. The Contractor shall certify in writing that it conducted a background check, medical (physical) examination, and an initial drug screening on each and every prospective
employee, which indicates that the employee is acceptable and qualified prior to his/her being assigned to the City’s premises.

2. All background checks shall include a fingerprint check by the Department of Justice (DOJ) and a minimum inquiry of all previous employers during the past five (5) years, driving record history, local, C alifornia St ate, and Federal criminal history, and military discharge records (if applicable).

3. All such background checks shall be at Contractor’s expense and provided to the City for approval prior to any individual’s assignment to any City facility, stationary position or roaming patrol.

4. All prospective Officers must pass a drug test administered at the Contractor’s expense. At the minimum, the screen shall include testing of urine samples for marijuana,
amphetamines, methamphetamines, cocaine, opi ates, etc.

Tests shall be done prior to assignment to the City and at any time upon City request.

5. Medical (physical) examinations of security officer to assure their physical fitness shall be conducted at the Contractor’s expense, prior to initial request for clearance and for cause at the City’s request, or more frequently as determined by the Contractor’s examining physician. The examination must have occurred within six (6) months prior to their assignment and must have been found to be in good phys ical condition for the work they are to perform. Security Officers must be fully capable of performing work requirements moderate to arduous physical exertion under either normal or emergency conditions. Security Officers will possess a good distance vision in each eye corrected to 20/30. They will have normal field of vision, good depth perception, and the ability to distinguish basic colors. Any hearing loss may not exceed thirty (30) decibels in both ears or 35 decibels in the poorer A-23
ear. Medical examinations will be in accordance with security industry standards and arranged by the Contractor at its own expense.

6. All Security Officers shall have a valid California driver’s license and Contractor is responsible for assuring assigned officers have an acceptable driving history prior to assignment and annually thereafter. Security officers with DUI/DWI on their driving record will not be acceptable nor those with excessive tickets. The City will determine what is excessive.

7. Contractor is required to provide wri tten documentation for background checks, medical examination (physical), driving history check, and drug testing of all employees assigned to the Agency (including Field Supervisors and Flex Officers) to the City fourteen (14) calendar days pr ior to the c ontract commencement date. In addition, as new officers are
assigned, written documentation of the background check, medical evaluation, and drug screening must be submitted to the City prior to working at the City.

8. The City reserves the righ t to conduct an additional background check(s) at the City’s expense if deemed
appropriate by the City’s authorized representative.

viii. Licensing and Permits

1. Contractor must be licensed and experienced in performing the services described in herein and must 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 California Private Patrol Operator’s License issued by the Department of Consumer Affairs at no cost to the City.

2. Contractor must identify its qualified district manager and those individual(s) responsible for managing day -to-day business operations and provide written qualifications.

3. Contractor is responsible for making sure that any security officer worki ng at a City site is properly licensed under California law. Contractor’s security officers must be registered and must have a valid guard registration card in their possession while on duty. Guard registration cards must be presented to the City upon request. If Contractor’s security officer is unable to present his/her guard registration card A-24
upon demand, he/she must be relieved from duty and
Contractor must provide a security officer who has
appropriate cards in his/her possession.

n. Training and Job Function

i. All officers must have non-billable on-the-job training at a minimum of 24 hours. In addition, prior to assignment to the City officers must be trained in the following areas:

1. Security Officer instruction as mandated by the State of California

2. Patrol Procedures

3. Basic, Intermediate, and Advanced Report Writing

4. Observation and Incident Reporting

5. Security Awareness

6. Legal Aspects of Private Security

7. Security Officer Conduct

8. Principles of Radio Communications

9. Principles of Access Control

10. Principles of Safeguarding Sensitive Security Information

11. Emergency Response Procedures

12. Life Safety Awareness

13. Workplace Violence

14. Sexual Harassment

15. Discrimination

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16. Diversity

17. Conflict Resolution Awareness (i.e. unruly citizens, dealing with difficult and hostile people, etc.)

18. Traffic Control (Parking Lot and City Street)

19. Parking Lot Security

20. Crowd Control

21. Terrorism (Recognition, Response, and Recovery)

22. Responding to Bomb Threats

23. Responding to Natural Disasters

24. Crisis Management

25. Motor Vehicle and Defensive Driving Training

26. Heat Illness Prevention and Response

27. Cardiopulmonary Resuscitation (Adult, Child, and Infant) (CPR) and Automatic External Defibrillator (AED) certification (proof of current certification required)

28. First Aid (proof of current certification required)

29. Site Specific Training (as outlined in Post Orders and defined by the City)

30. Health and Safety Training

a. Contractor shall provide safety training as required by the California Department of Industrial Relations,
California Occupational Safety and Health
Administration, and United States Department of Labor
Occupational Safety and Health Administration.

31. Safety & Security Procedures/Policies

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a. Contractor shall provide training to officers assigned to the City on Safety and Security Pro cedures and
Policies specific to the City.

ii. The City will require security officers to sign a document (produced by Contractor) indicating the security officer understands the training herein and will conform to all training, policies and procedures as required.

iii. Evidence of proper certifications must be provided upon assignment to the City, at the time of refresher courses and upon request.

iv. Proof of current certification for CPR, AED, and First Aid training must be carried by the guard while on duty.

v. Annual refresher training will be required for all security officers assigned to the City.

vi. Contractor shall provide an outline of their complete training program.

9. Uniforms and Standards of Appearance

a. Security Guards will be required to wear a ppropriate security uniforms. A standard security uniform shall be worn by all Security Guards at all times.

Use of personal clothing is not acceptable and is cause for termination of the contract.

b. Uniforms must be in compliance with RMC Chapter 9.32.

c. Security Guards shall wear standard badges, company insignia, name tags, and possess photo identification cards at all times while on duty at the City.

The identification card shall contain a photo of the employee, the Contractor’s name, employee’s name, and position or title.

d. Contractor’s employees must wear the same color and style or type of uniform, accessories, and equipment.

e. While on duty, security personnel shall be in complete uniform. All personnel must be neat in appearance, with uniforms clean , pressed and correctly fitted, and shoes shined, and hat worn straight (not backwards or off to the side). Assigned personnel shall not “accessorize” (i.e. political or religious items) their uniforms and must wear their shirts tucked inside their slacks/shorts. In addition, personnel must display a professional A-27
appearance in uniform and hygiene. Assigned Security Officers must be well groomed with their hair clean and neatly cared for (men: beards chin, and lip whiskers (except a mustache) are not perm itted. In ad dition, men must be neatly shaven, and sideburns shall be trimmed and not extend below the bottom of the ear. The back of the hairline shall not extend beyond the top of the uniform collar. Female: Hair shall be neat and styled or trimmed in such a manner it does not extend beyond the top edge of the uniform collar or detract from a professional image. Make-up and nail polish shall be neutral in appearance and shall be in good taste. High heel or open toed shoes are not permitted).

f. The Con tractor’s em ployees shall provide (and replace as needed or determined by the City) uniform garments (minimum of three (3) complete uniforms for full time officers and two (2) complete uniforms for part time officers) to employees who are assigned to work this contrac t at no additional expense to those employees or the City. Contractor shall ensure that all officers assigned to the City comply with basic appearance standards to include:

i. Uniform shirts with sewn on badge and common logo in a visible location.

ii. Uniform slacks and shorts.

iii. Shorts must be above the knee.

iv. Shorts can only be worn during the summer months as determined by the City’s authorized representative.

v. Denim pants are not acceptable.

vi. Uniform basket weave belt

vii. Black boots (security or law enforcement quality or better)

viii. Flashlight holder; flashlight (rechargeable security or law enforcement quality)

ix. Communication radio device holders

x. Cellular telephone with texting capabilities and holder (must be a reliable nationwide provider)

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xi. Other appropriate equipment as needed

xii. Uniform jackets ({1} heavy winter jacket and {1} summer or light - weight wind breaker)

xiii. Sewn on Security Badge

xiv. Shoulder patches displaying the Contractor’s logo

xv. Name tag

xvi. SECURITY on the back of jacket

xvii. Uniform hat with “Security” or name of security company on front.

xviii. Yellow Safety Vest – ANSI, Class II, with SECURITY on the back and a fabric name plate with the Officers’ last name on the front and sewn on security badge.

xix. High Visibility Rainwear, ANSI, Class II, wi th SECURITY on the back (jacket and pants)

xx. Gloves (must match jackets)

xxi. Contractor employee photo identification (ID) badge. ID badge must also have employee name and position held in front, no smaller than a font size of 18 with last name, first name, and middle initial, if any.

xxii. Contractor must immediately send home personnel for failure to wear a proper uniform.

xxiii. Contractor personnel shall not be assigned to work at the City without being issued the uniform as described herein.

xxiv. General: Wrist watches, medical or identification bracelets, rings, and earrings are the only items of jewelry or ornaments authorized to be exposed when in uniform and on duty (including supervisors and account manager). No jewelry will be worn in such a manner as to presen t a safety h azard to the individual, or a distraction of professional appearance. Only post type of earrings shall be worn.

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xxv. Tattoos: No visible tattoos will be permitted unless otherwise approved by the City.

10. Supervision and Training

a. The Security Guard Supervisor shall provide supervision and control of the Security Guards. The Security Guard Supervisor shall maintain communication with the City to receive directions, assignments, updates, and any information pertaining to the security of City Facilitie s and Sites.

The Security Guard Supervisor must be able to perform all tasks and duties of the Security Guards and, at a minimum, the following supervisory duties:

i. Provide an adequate, appropriate level of field supervision for Security Guards on assigned patrols.

ii. Coordinate all security operations and patrol services for regular and event assignments with the City to ensure that all are properly staffed.

iii. Organize, plan, direct and supervise the work activities of assigned Security Guards and makes ass ignments to provide job
performance ratings in a fair and consistent manner, taking appropriate actions to correct any deficiencies.

iv. Issue oral and written instructions to assigned Security Guards.

v. Conduct preliminary investigations of misconduct or alle gations against Security Guards and prepare reports to recommend appropriate actions.

vi. Provide on the scene supervision involving security related incidents.

vii. Review reports of assigned Security Guards for accuracy and provide constructive guidance.

viii. Ensure that assigned Security Guards are performing their duties as prescribed by law, applicable rules and regulations.

ix. Conduct preliminary investigations of injuries to assigned Security Guards.

x. Conduct regular staff meetings to discuss work related probl ems and to provide advice and guidance.

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xi. Ensure required training of Security Guards is conducted and properly documented.

xii. Attend and participate in the City’s security related meetings, as required.

11. Account Manager/Supervision

a. Contractor shall provide telephone n umber(s) for Supervisors, Account Managers, and Executive Staff and designees, where he/she can be reached 24 hours a day and shall call back within 15 minutes of the originating call. Contractor must provide supervision as required by these specifications.

b. Account Manager – Contractor must assign a full time experienced (5+ years of progressive security or law enforcement experience), dedicated, salaried Account Manager with a strong management background, supervisor skills, excellent commun icator and c apable of interfacing with City Management. The Account Manager will have decision making authority of the Contractor and will be responsible for all recruiting, Human Resources, payroll, invoicing, contract compliance, security program development & impl ementation, security inspection and audits, and other duties assigned by the City. Account Manager shall receive benefits (medical and dental coverage) and some form of automobile reimbursement (i.e., car allowance, company car, mileage reimbursement) for traversing City sites. Furthermore, higher-level managers shall support the Account Manager. The Account Manager shall have access to company resources, such as electronic databases and other automated systems necessary to uphold the contrac t. The Acco unt Manager shall dress in business professional attire (men must wear a tie). The Account Manager’s time, benefits, and automobile reimbursement is not billable to the City.

c. The Account Manager is considered “key personnel” and it is expected that there is no change to the Account Manager position during the initial first two (2) years of this contract. If this “key person” changes, the City reserves the right to reevaluate the contracted services with an option to terminate the agreement.

d. Every effort shall be made to minimize the times that the Account Manager has to walk post. In the event the Account Manager must walk post, the time the Account Manager is walking post is non-billable.

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e. Account Manager shall be trained in all require d training as stated in the Training Section B (1). In addition, the Account Manager shall be trained in:

i. Wicklander-Zulawski & Associates Interview and Interrogation (Intermediate and Advanced)

ii. Computer training in Excel, Microsoft Word, and PowerPoint

iii. Certified First Aid, CPR, and AED Trainer for American Red Cross or approved equal,

iv. Technician Class Amateur Radio License (ham radio).

v. Other training required by the City will not exceed $2,000.00 per year for the Account Manager and Succession Off icer. Their time away at this training is not billable to the Agency.

f. Account Manager shall be responsible for submitting monthly reports, compiling, and disseminating statistical data for such items as number of alarms responded to, incident reports a nd other statistical information as requested.

g. Account Manager shall be responsible for providing monthly comprehensive written reports and data to the City for the purpose of evaluating the quality and deployment of security services. In order to meet this requirement, the Contractor must provide the following:

h. Monday – Thursday, Account Manager must contact the authorized representative to report on the previous day’s activities and coordinate the day’s security efforts and/or as modified.

i. The Account Manager sha ll collect and compile performance data, daily activity reports data, incident report data, and other appropriate information as specified by the City and as detailed herein. This information shall be categorized and provided in a Monthly Management Report to clearly depict the activities and performance of each security station/post or assignment.

The data is to be used for analyzing the Contractor’s performance and quality of service provided and will further be used by the Contractor to produce monthly reports detailing performance standards.

j. Ensure that supervision of the officers assigned to the City, is available during all hours in which the service is required.

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k. Make regular unannounced checks of security services at each facility and mobile patro l. During these checks, supervision will assure the security officer appearance is acceptable, post orders are being followed, and if the officer has received proper training. In addition, supervision must assure that the Security Officer has their Guard Card (Temporary Guard Cards are not acceptable) and CPR/First Aid/AED Card on their person and they are valid. Contractor must complete a written report for each inspection.

Contractor is required to forward a copy of the inspection report to the City’s authorized representative.

l. Review the Officer’s Log, Incident Reports, and Security Officer Daily Reports and other normal issues with the on-duty officer when making any on-site supervisorial visits.

m. Ensure the security office and patrol vehicles are kept neat and clean at all times.

n. Ensure that Officers are performing the requirements as contained herein.

o. Participate in security related training exercises and skill evaluations as requested by the City.

p. Standard shifts for Security Offi cers will be eight (8) hours a day and forty (40) hours per week, with the exception of Part-Time Officers. Assure that no security personnel assigned to the City works more than a total of twelve (12) hours out of twenty -four (24) period (one day). Simi larly, secur ity officers with more than one job shall not accumulate more than twelve (12) working hours in any twenty-four-hour period. Security Officers must be off duty for a minimum of eight (8) hours between any two (2) work shifts.

q. Attend weekly up date meeting s with the authorized representative as needed. This meeting will be used to review program progress and operational and administrative concerns relative to this project. The Account Manager’s supervisor must attend this meeting once a month.

r. Conduct mo nthly Security Inspections and quarterly Threat and Vulnerability Assessments of all sites. Inspections shall be in writing and provided to the City’s authorized representative within five (5) calendar days of inspection.

12. Account Manager Deliverables:

a. Security Officer Deployment Schedule – Weekly

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b. Monthly Management/Activity Report – Monthly

c. Statistical Report – Monthly

d. Security Incident/ Breaches Report – Immediately upon occurrence with a written report to be submitted no later than 2 City business days after.

e. Security Officer Training Report - Monthly

f. Officer’s Schedule

i. Contractor must develop officers’ schedules and provide weekly schedules to assigned security officers and the City every Thursday by 4:45 PM for the coming week. In a ddition, security officer tour verification reports must be provided every Tuesday by 8:00 AM to the City’s authorized representative.

g. Plans/Programs

i. Prior to start of services, the Contractor shall submit at a minimum thirty (30) day transition pl an for implementation. This plan shall include tasks, time frames, and procedures for a cold start transition. The plan shall include individuals that will be assigned to the transition team with current contact information, telephone numbers and email addresses.

h. Contractor shall describe in detail all benefits offered to employees. Include health care (medical, dental, etc.) insurance, life insurance, holiday pay, vacation, and any other benefits offered. Employee benefits are not billable to the Agency.

i. Contractor must submit a complete training program with the training as outlined.

j. The Contractor must have a progressive disciplinary action program to address issuance of absences, tardiness, not following orders, sleeping on the job, not wearing proper uniform, customer complaints, abandoning post, etc. Contractor must submit a complete progressive disciplinary program to the City.

k. The Contractor must have a Uniform Inspection Program in place for random uniform inspections of all personnel that will be working at the City.

Description of the Uniform Inspection Program must be submitted to the City.

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13. Instructions Manual and Post Orders and Temporary Post Orders

a. Contractor is required to provide written post orders documenting site/security station/mobile patrol/position specific operational instructions assigned officers are to follow. These procedures are to be created with input from the City and must be approved in writing before they are implemented. All assigned officers shall read and sign off on thes e post orders as part of their ongoing training.

b. Contractor shall ensure that all officers have an updated copy of Instructions and Post Orders according to the following:

i. Instructions Manual must contain duty instructions, safety instructions, and emergency instructions.

ii. Post Orders, which are subject to change by the City, are the site - specific instructions as promulgated by Contractor and the City.

Contractor is responsible for writing and updating (quarterly or as necessary) the Post Orders and providing electronic copies to the City’s authorized representative.

iii. Any Temporary Post Orders issued by the City.

c. The Contractor shall provide “post orders” to guide the performance of its Security Guards on assigned patrol routes, or at assigned posts. Within 30 days of contract execution, the Contractor shall submit a complete, draft copy of the post orders for City review and approval. The post orders shall be prepared in consultation with the City and shall be subject to regular update and inspection by the City.

d. Post orders shall be written and contain complete duty instructions for staffing each assigned patrol route or post, including provisions for handling critical incidents (emergency procedures). All Security Guards shall have access to the post orders at all times while on duty. All Security Guards are responsible for knowing the locations of these written post orders and shall be familiar with their contents. The Contractor shall furnish the City with a comprehensive set of all post orders.

e. Post orders define the basic work to be performed by Security Guards on assigned patrol routes or at an assigned site. Post orders shall include, but are not limited to:

i. Facility information (i.e. for the Metrolink assignment, a schedule of train operations, passenger information, bus schedules and service provider information)
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ii. Facility rules and regulations

iii. Operation of equipment

iv. Vehicular traffic control

v. Access control procedures

vi. Emergency and critical incident response procedures

vii. Security and communication control systems

viii. Safety procedures

ix. Response to injury and illness

x. Safeguarding property

xi. Interaction with vendors or other City contractors

14. Public Relations

a. Security Officers shall always maintain their professionalism even un der stress. Hostile or aggressiveness will not be tolerated in any form. Security Officers will be expected to defuse situations that involve emotion, stress, and frustration on behalf of the customers, by responding in a polite and cordial manner.

b. Security Officers may contact suspicious persons for the purpose of establishing identity and explanation of activity. These contacts will be conducted in a professional and courteous manner. Security Officers are expected to identify his or herself as a Securi ty Officer for the City during the initiation of the contact. The security officer will provide his or her name if requested by any City employee, Law Enforcement Officer, or customer.

c. Security Officers shall assist the customers/visitors with requests f or general information. To that end, in the event the Security Officer does not know the answer to a question, it is expected the officer will make every attempt to contact the appropriate person that can provide the answer.

d. Security officers shall not socialize with visitors.

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e. Contractor shall be required to monitor parking lot areas. The towing of vehicles will not be carried out, or cause to be carried out, by Contractor unless otherwise instructed by the City’s authorized representative.

15. Service Credit

a. If at any time Contractor fails to provide any service as agreed, Contractor shall issue a “service credit” to the City. A “service credit” for each incident shall be calculated using a minimum of one (1) completed security officer work shift or eight (8) times the hourly rate charged by the Contractor. Such credit shall be issued in the form of a credit memo to the City’s authorized representative. Service credit shall be given in addition to any deduction for hours not worked. Contractor may be considered i n default of the contract under any one or more of the following situations as listed here or stated elsewhere in the contract. The City may demand a Service Credit for each violation. This list is used for example purposes only and does not limit what constitutes a violation of the contract and when a service credit may be demanded:

i. Use of security officers(s) who do not possess a valid guard registration card issued by the State of California.

ii. Submission of inaccurate or falsified invoices, tour verifi cation reports, incident report, or shift activity reports.

iii. Involvement in or attempting any fraudulent or illegal act against the City by an employee of the contractor, whether or not he or she is considered “on duty” by the contractor.

iv. Failure of Contr actor to remove a particular employee from performing on the contract at the City’s request.

v. Failure of Contractor to maintain licenses and permits as required by any governmental agency to perform the services as agreed in this contract.

vi. Being under the influence of illegal drugs or alcohol or having any detectible amount of illegal drugs in a Contractor’s employee’s blood stream.

vii. Being under the influence of prescribed medication that may affect job performance.

viii. Abandoning post.

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ix. Failure to adhere to the City’s policies and procedures, post orders, etc.

Consultant shall also provide those services as further outlined in its proposal dated November 12, 2021, consistent with the services outlined herein and as required by the City’s RFP 22-007.

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EXHIBIT “B”
“COST PROPOSAL”

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Rates for the initial term of this Agreement from March 1, 2022, through June 30, 2023, remain fixed and not subject to adjustment.

As authorized in Section 2.1:

The Agreement may be extended by the City Manager based upon success ful performance of the services for up to four (4) consecutive one (1) year optional renewal periods under the terms and conditions of this Agreement , upon execution of an Amendment to the Agreement by both Parties. Should the City Manager elect to exercise the option to extend this Agreement for an additional one (1) year period, the Parties shall negotiate pricing for such period prior to commencement of the additional one year period.

Negotiated price increases during the additional one (1) year period shall not exceed the percentage change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Los Angeles, Long Beach and Anaheim, CA" (CPI) for the most recent twelve months for which statistics are available as of May of each contract period.

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EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
*The Metrolink Station is open and receives commuter train traffic 365 days a year, holidays included.

City Facilities and Rialto Utility Sites Security Schedule (Roaming Un-Armed Guards)
Services are expected for seven (7) days per week, 365 days per year.

Day of Week Start Time End Time Total Hours
Monday through Friday 7:00 PM 6:00 AM 11 hours
Saturday 7:00 PM 6:00 AM 11 hours
Sunday 7:00 PM 6:00 AM 11 hours
*The City of Rialto observes holiday closures as listed below; however, the Roaming Patrol of City Facilities and Utility Sites are required 365 days per year.

Metrolink Station and Downtown Business District Security Schedule (ARMED GUARDS)
This location will require the two (2) security guards to provide patrol services to the Rialto Downtown Business District at pre -designated times, with an approximate two-mile loop.

One (1) security guard is expected to patrol the Downtown Business District a minimum of three times a day, seven days a week (Monday through Sunday) while the other guard is patrolling the Metrolink Station, platforms, and parking lot.

Day of Week Start Time End Time Total Hours
Monday to Friday
15 Min. prior to first train
(First Train scheduled
for 4:00 AM)
15 Min. after last
train
(Last Train
Scheduled for 11:21
PM)
Approximately

20.25 hours
Saturday 7:00 AM
15 Min. after last
train
(Last Train
Scheduled for
1:00 AM)
Approximately

18.25 hours
Sunday 7:00 AM
15 Min. after last
train
(Last Train
Scheduled for 10:30
PM)
Approximately

15.75 hours
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Community Center (Carl Johnson Center & Skate Park)
214 N. Palm Ave.
(Un-Armed Guard)
Services are expected for seven (7) days per week.
*The Community Center observes the City of Rialto holiday closures.

Day of Week Start Time End Time Total Hours
Monday through Friday 3:00 PM 10:00 PM 7 hours
Saturday 10:00 AM 10:00 PM 12 hours
Sunday 10:00 AM 9:00 PM 11 hours

Senior Center
1411 S. Riverside Ave.
(Unarmed Guard)
Services are expected for five (5) days per week.

The Senior Center observes the City of Rialto holiday closures.

Day of Week Start Time End Time Total Hours
Monday th rough
Friday 10:30 AM 1:30 PM 3 hours
Monday through
Friday 4:00 PM 9:00 PM 5 hours

Rialto Fitness & Aquatic Center
1243 S. Riverside Ave.
(Unarmed Guard)
Services are expected for seven (7) days per week.

The Racquet and Fitness Center is open every day of the year with the exception of Thanksgiving and Christmas Days.

Day of Week Start Time End Time Total Hours
Monday through
Thursday 4:30 AM 7:30 AM 3 hours
Monday through
Thursday 7:30 PM 10:30 PM 3 hours
Friday 4:30 AM 7:30 AM 3 hours
Friday 5:30 PM 8:30 PM 3 hours
Saturday and
Sunday 6:30 AM 9:30 AM 3 hours
Saturday and
Sunday 1:30 PM 4:30 PM 3 hours

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City Facilities and Utility Sites Security Schedule
(Roaming Un-Armed Guards)
Services are expected for seven (7) days per week, 365 days per year.

Day of Week Start Time End Time Total Hours
Monday through
Friday 7:00 PM 6:00 AM 11 hours/day
Saturday 7:00 PM 6:00 AM 11 hours/day
Sunday 7:00 PM 6:00 AM 11 ours/day

In addition to the roaming security patrols of City Park Sites there will be a requirement for an after hour stationary security at Frisbie Park. This stationary security will require two (2) security guards at Frisbie Park from the hours of 10:00 PM to 6:00 AM. This after hour security will be evaluated through the terms of the contract and may be cancelled at any time at the direction of the City Manager with proper written notice.

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