Attachment A
1 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
AMERICAN GLOBAL SECURITY, INC.
FOR
UNARMED SECURITY GUARD SERVICES,
PROJECT JM25-128
T
HIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of C alifornia, hereinafter referred to as the “City ”, and American Global Security, Inc., a California corporation, hereinafter referred to as “Service Provider .” City and Service Provider are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”
RE
CITALS:
W
HEREAS, the City requires Unarmed Security Guard Services; and W
HEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Unarmed Security Guard Services; and
NO
W THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The
Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
S
ervice Provider shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay a total amount not to exceed Three Hundred Twenty-four Thousand Three Hundred Fifty-f ive and 00/100 Dollars ($324,355.00), for the services rendered by Service Provider pursuant to this Agreement, s ubject to the provisions of Sec tion
4. 2 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
Section 4. COST PROPOSAL
The City shall pay Service Provider as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an initial term commencing on the date of full execution of the Agreement, (the “Commencement Date”) and expiring on One (1) Year from the Commencement Date, (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month -to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year period (hereinafter “Option Period”), at the option of the City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provi sions of Section 21 below. Should the City fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.
Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement , and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City.
3 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.
b. The City represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) The City will not hire, supervi se, or pay any employees or assistants working for Service Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.
(5) Service Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City -owned property.
(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.
4 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and ( if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business lic ense, certifications , or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Service Provider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Sandra Bostick, Assistant Director of Human Resources, or her designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service P rovider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than Two Million Dollars ($ 2,000,000) per occurrence, and Four Million Dollars ($ 4,000,000) in the aggregate, for bodily injury, personal injury, death, loss , or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.
5 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement , and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1 ,000,000) combined single limit , covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers , agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. RESERVED
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, employees , servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insuranc e evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
6 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Service Provider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of t his Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory service s rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.
b. The City does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance 7 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost , or expense described herein.
Section 24. REPORTS
Upon request by Sandra Bostick, Assistant Director of Human Resources, or h er designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Sandra Bostick, Assistant Director of Human Resources, or her designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Sandra Bostick, Assistant Director of Human Resources, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service P rovider and made available to Sandra Bostick, Assistant Director of Human Resources, or h er designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents , or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Sandra Bostick, Assistant Director of Human Resources, or her designee, or as required by applicable law.
c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with th e prior written approval of Sandra Bostick, Assistant Director of Human Resources, or her designee, or as required by applicable law.
Section 28. PRINCIPAL REPRESENTATIVES
a. Sulaiman AbdulWali, Regional Vice President, is designated as the principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. 8 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
b. Sandra Bostick, Assistant Director of Human Resources, or her designee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
9 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
To the City: Sandra Bostick, Assistant Director of Human Resources Human Resources Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Provider: Sulaiman AbdulWali, Regional Vice President American Global Security, Inc.
9410 Topanga Canyon Blvd., Suite 203
Chatsworth, CA 91311
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS
AND EMPLOYEES
No officer or employee of the City shall be personally liable to Service Provider, 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 Service Provider or to its successor (s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney (s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney (s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
10 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the City shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs , or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair , or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties o f the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, t he 11 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
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 default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants , or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. A TTORNEYS’ FEES
In the event any action, suit , or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement , or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys ’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
12 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE AMERICAN GLOBAL SECURITY, INC.
By: ______________________________ By: _____________________________ Elizabeth Becerra, Sulaiman AbdulWali,
Mayor Regional Vice President
Dated: ___________________________ Dated: __________________________
ATTEST
By:______________________________
Jennifer Thompson,
City Clerk
Dated:____________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
14 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
EXHIBIT A
SCOPE OF SERVICES
See Attachment
CITY OF VICTORVILLE
JM25-0128 UNARMED SECURITY GUARD SERVICES
SECTI
ON III
SCOPE OF SERVICES
SCOPE OF WORK
Description of Services: The security firm shall provide all manpower material, supplies and equipment (except as otherwise
provided by the City of Victorville) necessary to
perform and complete services,
and shall plan, schedule, coordinate, and ensure the effective performance
of all services described herein. The security firm shall provide security services in accordance with the following requirements at:
City of Victorville City Hall Hook Community Center and Park 14343 Civic Drive 14973 Joshua Street
Victorville, CA 92392 Victorville, CA 92394
Doris Davies Pool Victorville City Library
16451 Pebble Beach Drive 15011 Circle Drive
Victorville, CA 92395 Victorville, CA 92395
Victorville Activities Center Sunset Ridge Community Center 15075 Hesperia Road 12808 Eucalyptus Street
Victorville, CA 92395 Victorville, CA 92392
The City reserves the right to task the Security Firm for additional service hours with 48 hours prior notice.
The City will provide a schedule of holidays and closure dates for each Fiscal Year 2025/2026 with dates when City facilities are closed. Security Guards assigned to such facilities will not be needed on closure dates. However, Security Guards assigned to public facilities, programs or services that are open on a designated holiday , may be required to work on holidays or closure dates. The 2025/2026 holiday schedule is attached as Exhibit “B” for reference.
The Security Firm shall provide the City with fully trained and certified Security Guards to perform the services as prescribed herein. All Security Guards assigned to the City must meet
EXHIBIT A
15/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 all certification and license requirements needed to fulfill the duties required by the State of California.
Security Guards will be required to perform a variety of security and facility related duties, depending on the assignment. Security Guards must be thoroughly familiar with the requirements of their assignment.
Security Guards shall know the location of and usage instructions for the nearest first aid kit, fire extinguisher, fire alarm, and shall be ready, willing, and able to use them as necessary and as required.
Security Guard post assignments may include, but are not limited to, the following duties and responsibilities:
Victorville City Hall – Customer Service Lobby
• Work Schedule: Monday – Friday, 7:45 a.m. – 5:45 p.m. • Number of Guards: 1
Dut
ies, Responsibilities, Expectations:
Be present in the Customer Service lobby facing the Customer Service Windows to observe and be in view of windows, customers, and staff. Be aware of any articles that are brought in and left in City Hall and report immediately.
Be aware of red flags or suspicious behaviors from anyone entering the Customer Service Lobby and report immediately.
Monitor public restrooms for individuals entering and not exiting or leaving articles behind. Check the restroom regularly and report any suspicious behavior or findings immediately.
In case of an emergency, alarm, or drill, escort all customers out of the lobby through the front doors. Advise customer that they will return in the order they were evacuated when they left. Wait outside with customers until the building has been cleared by emergency personnel.
Complete an incident report for anything out of the ordinary. Examples would be upset customers, injuries to customer or others, work or maintenance performed in the Customer Service Lobby, etc. Be as detailed as possible when completing the incident report. Include the customer’s name, employee name, description of what happened, the time of day, which window they were at, how long were they here, anyone else that was involved, what was said, the tone, if assistance was received or given, other departments involved, and any final resolutions. Assist with maintaining peace and order in the Customer Service Lobby. When a customer raises their voice and/or begins to use foul language, security staff should intervene.
Direct visitors to the appropriate Department.
Advise customers that there are no animals allowed in City Hall, except for service animals.
At the end of the day, after the doors have been locked, check the public bathrooms, south hallway, and customer service lobby for customers. Monitor employee exits and parking lot at the end of each day.
Victorville City Hall – M etal Detector and Visitor Screening • Work Schedule: Monday – Friday, 7:30 a.m. – 5:30 p.m. (occasionally 6:00 p.m.)
EXHIBIT A
16/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 • Number of Guards: 1
Operate the walk-through metal detectors as well as the handheld metal detectors (wand) to screen visitors for weapons and other contraband in accordance with the Metal Detector Procedure Manual.
Visually inspect purses, handbags, backpacks, briefcases, etc. Report dangerous situations to appropriate police/fire authority and/or appropriate City personnel.
Advise customers of alternative means of accessing City services if customer is unwilling to participate in required metal detector or visual inspections or turned away due to possession of contraband.
Advise customers that there are no animals allowed in City Hall, except for service animals.
Victorville City Hall – Metal Detector and Visitor Screening for the following meetings:
City Council
Planning Commission
Public Meetings
• Number of Guards: 1 (additional guard as needed to Cover Meetings) Security Services shall be provided at each of the following:
A. City Council meeting hel d on every 1 st and 3rd Tuesday of each month, not to exceed fifteen (15) hours per month x12 = 180 hours, starting at 4:30 p.m. up to 10:00 p.m.
B. Planning Commission meet ing held every 2nd Wednesday of every month, not to exceed five (5) hours per month = 5 hours x 12 = 60 hours, starting at 4:30 p.m. up to 9:30 p.m. *Please note: A dditional meetings may occur and Security Services shall not exceed t wenty (20) hours per month and shall be paid in accordance with the prices set forth in Bid Proposal.
Victorville City Library
• Work Schedule: Monday – Saturday 8:30 a.m. – 7:30 p.m. (Sundays effective January 2026)
• Number of Guards: 1
Duties, Responsibilities, Expectations:
Main monitoring station is near the front entrance to assist with enforcement of library policy (policy will be provided).
Once per 30 minutes, roam the full interior of the library to monitor for enforcement of code of conduct.
Enforce restroom use for patrons only policy.
Enforce only Service Animals for entrance.
Once per hour, walk the building perimeter and parking lot to monitor lot for unallowed behaviors.
Assist City personnel in the enforcement of Code of Conduct and library policy. Assist City personnel in the removal of patrons unwilling to cooperate or follow Code of Conduct and library policy.
Assist City personnel in clearing the facility at closing. Accompany staff to outside book drop.
EXHIBIT A
17/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 *P lease note: Victorville City Library services will be relocating to the Green Tree C lubhouse located at 14144 Green Tree Boulevard, Victorville, CA 92392 upon c
ompletion of construction.
Hook Community Center Park and Fields
• Work Schedule: Wednesday – Friday 5:00 p.m. – 9:00 p.m., Saturdays 12:00 p.m. – 8:00 p.m. (Schedule may vary)
• Number of Guards: 1
Duties, Responsibilities, Expectations:
Patrol, at all times, the exterior perimeter of the facility, parking lot, ballfields, open park areas, bleachers, and picnic shelters to enforce Code of Conduct, City policy, and Park Rules.
Hook Community Center G ym
• Work Schedule: Varied schedule, usually Fridays and Saturdays; evenings and days • Number of Guards: 1
Duties, Responsibilities, Expectations:
During games, monitor inside the gymnasium, hallways, and lobby to enforce code of conduct and gymnasium rules.
Between games monitor the lobby, community center entrance, outside a nd par
king lot to reduce potential conflict between teams.
All monitoring is roving from point to point and from one end of the gym to the other. There is very minimal stationary monitoring.
Assist City personnel to de-escalate situations and remove individuals (spectators, coaches, and players) from site if needed.
Doris Davies Pool
• Work Schedule: Varied days and hours for pool season. Pool season can begin as early as April and close as late as October. Typical schedule is Monday – Friday 7:00 p.m. – 12:00 a. m., Saturdays 4:00 p.m. – 12:00 a.m., and Sundays 12:00 p.m. – 12:00 a.
m. (hours may vary and are subject to change, exact Schedule confirmed at t he begi
nning of each season).
• Number of Guards: 1
Duties, Responsibilities, Expectations:
Roam the perimeter of the facility to prevent trespassing and vandalism. Roam the interior and pool deck to prevent trespassing and vandalism. Verbally notify trespassers to leave the area. If assistance is needed Contact Code Enforcement or Police.
Facility Rentals – Victorville Activity Center, Hook Community Center, Sunset Ridge , other facilities, as needed.
• Work Schedule: Schedule of Dates and Times is varied s it is based on private rental of facilities. Schedule will be provided two weeks prior to requested dates. • Number of Guards: As Needed for Rental
Duties, Responsibilities, Expectations:
Roam and monitor interior and exterior of the facility to enforce Code of Conduct and Rental Policy.
EXHIBIT A
18/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 Monitor and direct trespassers to leave the facility. Assist City personnel in removal of patrons unwilling to cooperate or follow Code of Conduct and Rental Policy.
Assist City personnel in clearing the facility at end of event rental. Accompany staff to vehicle at end of shift.
Additional Duties, Responsibilities, Expectations for all at City Facilities:
Standing or walking: Security Guard might be posted for the purpose of securing:
pr operty; an access point; equipment; or similar matter on an as -needed basis. Security Guards will provide on -site security and control access to the area/facility, observing, detecting, and reporting violations of City policies, codes, and procedures. Security Guards will be responsible for maintaining Daily Activity Records (DAR’s) and documenting all incidents and occurrences throughout the duration of the shift.
Escort: Saf ely perform escort duties for visitors.
Unauthorized Access: Discover, detain, and prevent persons attempting to gain unaut horized access to City facilities.
Reports and Records: All Security Guards shall prepare and submit required reports on ac cidents, fires, bomb threats, unusual incidents, and unlawful acts as well as shift reports.
Any additional information as directed.
Rules and Regulations: Observe and enforce for compliance with the City Rules and R egulations.
Emergencies: Respond to emergency situations as required by established procedures o r City of Victorville S taff.
Safety: Observe and report safety hazards as required by established procedures or City o f Victorville Staff.
Monitor: Be on alert for unusual activities and report on said activities.
Notification: Notify management of unusual activities as required by established pr ocedures.
Facility Knowledge: Security Personnel must be thoroughly familiar w ith the following at a ll sites:
• First Aid and Bleeding Control Kits
• AED
s
• Fire Alarm
• Fire alarm pull stations
• Fire exit locations
• Fire extinguisher and fire standpipes
• Fire doors
• Emergency Telephone Numbers
• Building Emergency Procedures
• Fire Drill Procedures
EXHIBIT A
19/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 • Safety Procedures, Inspections, Training, and Fire Awareness programs M
anagement Controls, Supervision and Communication – The Security Firm shall be fully responsible for the direct supervision of its own employees by its own management personnel.
An overall Manager shall be appointed and assigned as the City’s point of contact and provide overall Contract Management of the Security Firm. The Manager must have the responsibility and authority to fully represent the Security Firm on all matters pertaining to this contract.
The M
anager’s responsibilities include, but are not limited to:
• Rev
iew of Security Guard assignments for contract Security Guards which are consistent with the City’s internal security procedures. Updates and revisions of assignments must be approved by City Management.
• D
evelop and administration of a training program and updating that program on a regular basis.
• Fi
nal interview and approval of contract employees, prior to assignment to the City. • S
wiftly addressing all personnel concerns, issues, and recommendations presented by the City.
• E
nsuring minimal turnover of assigned security personnel. • M
aintenance of schedules, including the approval of vacations and personal days off. • P
reparation of payroll and distribution of paychecks.
• S
ubmission of monthly requests for payment to the City which are to be signed certifying the Security Firm has followed the wage requirements brought forth by the city. • M
aintenance of quality standards to include dis ciplinary action and positive motivation programs.
• R
eview all DAR’s and all Incident Reports prepared by Security Guards. • R
esolution of Security Firm employee concerns regarding conduct, pay, equipment, uniform replacements and appearance standards.
• R
esolution or referral to Security Firm management, of human resources problems, and grievances of employees.
• Q
uarterly review of all security operations with written recommendations for improvement to City Management.
The
Security Firm shall also provide administrative controls and monitoring to assure contract compliance and that professional security and safety services are being maintained at the highest level. Included in these control and monitoring functions are:
• In
ternal Controls – employee administration, contract administration, schedule/dispatch, timekeeping, and billing.
EXHIBIT A
20/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 • Tot
al Quality Management – quality control, audits, inspections, corrective action planning and follow-up/reporting.
• C
ompliance – fire, life and safety; report requirements; appearance, conduct and job performance standards; adherence to Security assignments; and supervisory controls.
P
ersonnel, Recruitment, Screening and Sel ection – The Security Firm is expected to conduct a comprehensive recruitment, screening, and selection process before assignment of any individual to the City. This process must be documented, and the complete documentation on any Security Guard, Supervisor, or other employee assigned to the City must be available for review by City Management upon request.
The S
ecurity Firm shall describe the recruitment process for new and replacement personnel.
This shall include the procedures for recruiting incumbent security personnel as a result of the Security Firm changeover. All applicable governmental laws and regulations must be adhered to regarding the recruiting and hiring process.
The S
ecurity Firm shall detail its application process to include:
• Interviewing
• Testing, by type
• Physical examinations, if any
• Drug Testing
• Background investigations, by type and degree
• Work experience verification
The
following personnel standards shall apply to all Security Guards assigned to City of Victorville.
Deviations from these standards require the written consent of the City of Victorville before the Security Guard is assigned to any City facility.
E
ducation – Al l Security Guards shall be high school graduates or equivalent at a minimum. The Security Firm shall verify t he compliance with this requirement prior to assignment of any individual to the City.
E
mployment Background – Al l Security Guards shall possess a solid employment history.
Minimal standards for Security Firm’s employment investigation shall be verification of all employment for the past ten (10) years, including any period of alleged unemployment or gap in employment of thirty (30) days or greater, without significant negative information.
Cr
iminal Record – All Security Guards shall have a clean criminal record. The Security Firm shall conduct local and statewide criminal record checks, to include areas of residence for the previous ten (10) years, to ensure no criminal record exists. Candidates with criminal convictions, other than minor traffic offenses shall not be assigned to City premises.
Li
teracy – A ll Security Guards shall be able to understand, read, speak and write English intelligibly. This standard requires Security Guards be able to comprehend regulations, orders, training instructions and special instructions, and requires that Security Guards language comprehension is not only sufficient to perform routine duties, but also that complete fluency be maintained during emergency situations. The Security Firm shall test the mental alertness of all
EXHIBIT A
21/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 applicants for positions at the City to evaluate applicant’s ability to compute and communicate accurately and effectively.
Physical Ability – All Security Guards shall be in good general health without physical defects or abnormalities which would interfere with performance of Security Guard’s duties. Security Guards shall:
• Possess binocular vision correctable to 20/30.
• B
e able to discriminate standard colors.
• Be able to hear ordinary conversation at 20 feet and whispered conversation at 10 feet with each ear.
• Be fully capable of normal or emergency duties requiring moderate to strenuous physical extension such as climbing stairs, ladders, and running.
Fr
eedom from Drug Use – All Security Guards shall be demonstrably free from addiction to, or use of, illicit drugs, as determined by a NIDA -certified urinalysis drug screen (UDS) reviewed by a Medical Review Officer.
A
ppearance – Sec urity Guard’s personal appearance must be exemplary. Security Guards are expected to keep their clothing neat and well pressed at all times.
P
ublic Relations Skills – All Security Guards shall possess satisfactory public relations skill s, sufficient to permit them to interact positively with City employees, customers, visitors, the media, outside law enforcement agencies, and the general public.
Dis
cretion – S ecurity Guards shall use excellent discretion in dealing with situations that do not readily fall into specific categories. Security Guards must possess and exercise strong personal interactive skills when dealing with the public.
C
ompliance with Registration Laws – All Security Guards shall be fully in compliance with all applicable state and local security personnel registration and licensing laws.
Ag
e – A ll Security Guard candidates must be at least eighteen (18) years of age, as documented by an original or photocopy document.
Tr
aining – The S ecurity Firm shall provide sufficient training to ensure that all Security Guards and other assigned staff are competent to perform all duties required under this contract. No additional hourly costs, to the hourly billing rate, are to be charged to the City for any aspect of the training program.
S
pecialized Training – The S ecurity Firm is required to ensure training for all Security Guards in CPR and First Aid. First Aid and CPR training will be arranged for the Security Guards by the Security Firm, at the expense of the Security Firm, prior to assignment to the City.
O
ngoing Training – The Security Firm shall provide ongoing training to Security Guards to ensure that any new policies and procedures are learned. The Security Firm shall explain in detail their programs of ongoing training, including new material updates, and any extension courses offered.
Tr
aining Files – The Sec urity Firm shall maintain a training file for each of its employees assigned to the City. Training file shall include all of the items described above. The City reserves the right to inspect the training files at any time.
EXHIBIT A
22/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 Additional Training – Should Security Guards be required by the City to participate in additional training and should such training not be possible during the normal shit of the Security Guards, the City agrees to schedule such training as additional coverage, with the prior written approval of the City Management, and may bill the City for such coverage. It is understood however, that this requirement is unlikely to occur, and that the sole responsibility for ongoing training of personnel assigned to the City resides with the Security Firm.
S
tandards of Conduct and Appearance – The S ecurity Firm shall establish and maintain professional standards of conduct and personal appearance for all its employees assigned to the City including:
• Employee Competency
• E
mployee Conduct
• Integrity
• Attendance and Punctuality
W
hile on duty at the City, Security Guards shall be alert and attentive, and shall not:
• Accept gifts or money for any services rendered.
• User personal wireless devices, watch movies, amusement devices, game or contrivance, i
ncluding but not limited to video games, computer games and electronic games. • Review school studies or reading materials that are not job related. • Use City telephones for other than City business.
• Leave their assignment without permission of the supervisor. • Entertaining personal visitors or conduct personal business while on duty. • Be under the influence of illegal drugs or alcohol or have any detectable amount of illegal drug in their blood stream.
• Be under the influence of prescribed medications which may affect job performance. • Display a discourteous, abrupt, abrasive, or belligerent attitude. • Use any employee workstation other than those designated for the Security Guard’s use. • Use or tamper with City equipment, such as computers, vehicles, tools, etc., not necessary for the performance of the Security Guard’s services.
• Sleep while on duty.
• Present or identify themselves as an employee of the City of Victorville. • Express or interpret policies, statements, and/or opinions of the City to the media. • Carry firearms, batons, handcuffs, knives, saps, brass knuckles, stun-gun, taser, oleoresin capsicum (Pepper) spray, or any tear gas agent at any time while on-duty. This includes but
is not limited to, the vehicle or workstation at any City facility.
S
ecurity Firm shall ensure that sufficient personnel are available to provide continuous coverage during the work schedule.
The s
tandards of personal appearance of Security Guards require indiv iduals to present a neat appearance. These standards are not an attempt to depersonalize an individual, providing individuality does not interfere with, or detract from, proper wearing of the uniform. Appearance standards are:
• Un
iform: All Security Guards assigned to the City must be in identical uniforms of a professional appearance, quality and bearing. Uniforms must be clean and presentable.
Shoes or boots shall be clean and presentable. In addition , all badges or hats worn by Security Guards shall also be cleaned and presentable. Security Guards must be i n pr
oper uniform before reporting to work.
EXHIBIT A
23/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 • Eyeglasses: Only prescription eyeglasses may be work with the uniform. Sunglasses shall not be worn inside the building except on written recommendation of a physician. • J
ewelry: Security Guards shall not wear jewelry in their noses or ears, except for women with pierced ears who may wear earring studs. No excessive or “dangling” jewelry may be worn on the neck, wrist or waist. Two rings and a wristwatch only, may be worn on finger and wrist.
• F
acial Hair: Facial Hair shall be neatly kept and evenly trimmed. • H
air: Hair shall be neatly trimmed. It shall be neatly combed or brushed in such a manner that it remains clear of the forehead and does not extend below the band of the cap, for men. Women’s hair styles shall be reasonable for a business office environment. • Tat
toos: Visible tattoos shall not be obscene or offensive in nature or signify membership in, or affiliation with, a criminal enterprise, street gang, or any other group that advocates violence against individuals because of their race, religion, political affiliation, ethnic origin, nationality, gender, sexual preference, or disability.
S
hould the Security Firm have additional or more stringent appearance requirements, Security Firm shall assign guards who comply with those requirements.
E
mergency and/or Additional Security Coverage – Occasionally, additional Security Firm employees may be required by the City on a temporary basis in order to respond to emergencies or the needs of the City. The City requires the Security Firm to have sufficient trained replacements available on short notice and/or for various lengths of time to handle additional requirements, absenteeism, vacations, leaves and short-term special coverage situations, without negative impact to City security operations.
The S
ecurity Firm shall at all times, employ and provide sufficient and qualified personnel and equipment for executing the work in the manner and time required by these specifications. Any person employed by Security Firm whom the City determines does not perform services in a proper and skillful manner, is under the influence of drugs or alcohol, disorderly or abusive , or does not demonstrate tact and diplomacy in dealing with others shall, at the request of the City, be removed immediately and replaced by Security Firm at no additional cost to the City.
The S
ecurity Firm shall have available for immediate assignment to the City supplemental personnel sufficient to cover all regularly required Security, and other occasional assignments which require trained Security Guards.
S
taffing Restrictions – Former or current employees of the City are not to be employed by the Security Firm under any circumstances, without the specific written authorization of City Management.
The C
ity has the right to request a drug and or alcohol test and the results the reof if the City reasonably suspects a Security Guard is under the influence of drugs or alcohol.
The C
ity has the right to request removal of a Security Guard from City premises at any time and for any reason. The Security Firm shall immediately comply and shall not reassign that employee to the City under any circumstances. It is understood that the removal from the City in no way affects the employment status with the Security Firm.
EXHIBIT A
24/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 If
the Security Firm removes or reassigns a Security Guard from the City to another location under normal circumstances, the Security Firm shall apprise the City of this removal prior to it taking place. If the Security Firm removes a Security Guard from the City without prior notice, due to unacceptable job performance, the City is to be advised by the next regular business day. If this occurs during normal business hours, the City is to be advised immediately. The Security Firm shall be responsible for providing a replacement Security Guard to complete the required shift at no additional cost to the City.
Sec
urity Firm furnished items – The f ollowing supplies, materials, services and equipment shall be furnished by the Security Firm:
• All
operational forms and office supplies required to fulfill this contract. • Sec
urity Guard Uniforms. The Security Firm shall furnish and maintain in acceptable condition, and replace due to normal wear and tear, at no cost to the Security Guards, all uniforms necessary to perform the work required by this contract. • Eac
h Officer on duty shall be equipped with supplementary equipment including but not limited to, notebooks, pens, pencils, and a flashlight. Replacement flashlight batteries and bulbs and inclement weather clothing must be available for issue when necessary.
Security Guards shall not be permitted to provide themselves with unauthorized supplemental or personal equipment, such as chemical agent devices, firearms, knives, “come-along”, or other such non-standard items.
• Cel
lular telephones.
The C
ity reserves the right to return Security Guards for failure to wear a clean and proper uniform.
An improperly attired guard must be replaced immediately by the Security Firm AT NO ADDITIONAL COST TO THE CITY.
Repor
ts and Records – The Security Firm shall provide thorough, effect ive, and accurate recording and reporting of all security service operations, activities , and incidents. The Security Firm shall develop and implement, with the City’s approval, a complete paperwork management program to include adequate and appropriate reports and records. The Security Firm shall describe the forms, records, and reports proposed and utilized for the contract. If computerization of forms and logs takes place, an un-edited copy shall be e-mailed to the City.
Sta
rt-up Transition – The s tart/up transition period is important in establishing viable contracted Security Services. The City anticipates the Security Firm to commence providing services on July 01, 2025, upon award of contract. Therefore, the start -up/transition functions, activi ties, and training must be carefully planned and scheduled with the City Staff to occur immediately upon award of contract during both daytime hours and during the night hours when the Security Firm is on duty.
Cont
ract Terms – A contract awarded as a result of this solicitation, will commence after award by City Council and a Notice-to-Proceed is given. The initial contract is for one (1) year with four (4) one-year renewal options based on satisfactory performance approved by City Management.
EXHIBIT A
25/General Services Provider Standard Agreement/American Global Security, Inc./Project JM25-128 15 General Services Provider Standard Agreement/American Global Security, Inc./Project JM25- 128
EXHIBIT B
COST PROPOSAL
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