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HomeMy WebLinkAboutRFP 15-21 Armed Guard Svcs Agreement~ • # -~ -City of ]P'\VheatR!_dge RFP-15-21 ARMED GUARD SERVICES AGREEMENT THIS AGREEMENT made this 30th day of September, 2015, by and between the City of Wheat Ridge, Colorado. hereinafter referred to as the "City" or "Owner• and G4S Secure Solutions (USA) Inc .. 14111 E. Alameda Ave .. Suite 300. Aurora. CO 80012, hereinafter referred to as the "Contractor." WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 -SERVICES The Contractor shall serve as the City's contractor and provide as a minimum all of the professional services required as per RFP-15-21 ARMED GUARD SERVICES. as more fully described in the Request for Proposal prov1sions Including the Statement of Work, Requirements, Personnel Standards, Training Requirements; and Contractor's response to the RFP (Exhibit 1) incorporated herein by reference and as negotiated. The uniformed secunty guard will be responsible for crime detection, screening, court assistance, prisoner assistance. crime prevention, and deterrence and control of the entrance and ex1t of personnel and the general pubhc. The primary responsibility is to prov1de physical security, personnel security, and informational security by using techniques designed to limit or severely curtail the opportumties for successful completion of criminal activities. The security guard must relocate moveable walk through metal detector and security scanner at the begmmng and end of each shift. Individuals assigned to the City must have the ability, licensing and training to utilize hand-held scanner, baton, oleoresin capsicum (OC) spray, hand held radio, walk-through metal detector, x-ray machine, Taser. firearm weapon, and handcuffs. ARTICLE 2 -TERM The work to be performed under this agreement shall commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. THE TERM FOR THIS AGREEMENT IS THROUGH September 30,2016, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, AT THE SOLE DISCRETION OF THE CITY. At the end of each year, if the City deems the Contractor's performance is acceptable and the pricing remains the same. the agreement may continue with automatic renewals. The City intends to issue an intent to renew letter for each additional term. however the agreement may be automat1cally renewed if: • The City fails to contact your firm prior to the end of the current term regarding the desire to renew. • All pricing remains the same. • The scope of work or specifications are not changed or modified. If at the end of each year the City desires to rebid, or the Contractor's performance is not acceptable, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process 1s complete. ITB-15-21 ARMED GUARD SERVICES Agreement Page 1 ARTICLE 3 -PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for serv1ces provided, as required and the Contractor shall accept an hourly rate of $21 .89 per hour. per officer, for armed guard serv1ces as described, not-to-exceed the approved annual budgeted amount for these serv1ces, as full payment for such services. The City anticipates a need for approximately 1,160 hours per year. Armed security guard services are expected to be needed on the following basis, subject to the needs of the Wheat Ridge Municipal Court: • 8:00A.M.-5:00P.M. on Mondays, Wednesdays and the first three Thursdays of each month. • Occasional Tuesdays and the 4th and 51h Thursdays from 8·00 AM -5:00P.M. as needed are for jury tnals, excluding holidays. G4S Secure Solut1ons will provide OC training and equipment for an annual cost of $100.00 per officer per year G4S Secure SolutiOns will provide Taser traming for an annual cost of $100.00 per officer per year. G4S Secure Solutions will provide Tasers to the assigned officer for an additional $250.00 per officer per year, at the direction of the Court officials. Pric1ng shall remain firm for each renewal period. A. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to th1s agreement dunng the prior month. The payment will be expedited by the user department and processed as a VISA transaction within two business days of City approval. The City may elect the alternative method of payment by the Treasurer's Office through proper accounting procedures Payment is then made to the Contractor within thirty (30) days of receipt. A check is mailed to the Contractor. B Funding There is tn effect within the City of Wheat Ridge, Colorado. a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropnated by the C1ty Council, either through budgeted appropriation, or contract or bid award. The contractor 1s specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. Th1s contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 -INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and IS solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance. as well errors and omissions insurance. The Contractor. as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the City because of the performance of any work by th1s agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person-other than bona fide employees working solely for the Contractor-any commiSSIOn, percentage, brokerage fee, g1fts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or VIOlation of this warranty the City will have the right to annul ITB-15-21 ARMED GUARD SERVICES Agreement Page 2 this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, comm1ssion. percentage, brokerage fee, gift, or contingent fee. ARTICLE 5-INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon nollf1cation of award, and pnor to performance. Work shall not commence under th1s agreement until the Contractor has subm1tted to the C1ty and received approval thereof. a certificate of insurance showing compliance with the following minimum types and coverages of insurance. Type of Insurance Minimum Limits of Liability Worker's Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor's Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury $1 mlllion per occurrence $2 million aggregate • Property Damage $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, "XCU," in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned. hired, and non-owned vehicles) • Bodily Injury $1 million per occurrence • Property Damage $1 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Submit a proposal ONLY 1f you are prepared to complete th1s requirement. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sect1ons 24-10-101 , CRS. as amended. ARTICLE 6 -INDEMNIFICATION The Contractor agrees to indemnify and to hold the City and its agents harmless for, from, and against any and all claims, SUitS, expenses. damages, or other liabilities-including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ITB-15-21 ARMED GUARD SERVICES Agreement Page 3 ARTICLE 7-EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate agamst any employee or applicant for employment because of age, race, color, religion, sex, or nattonal ong1n. The Contractor shall adhere to acceptable affirmative act1on guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin Such act1on shall include-but not be limited to the following: employment, upgrading, demotion or transfer, recru1tment or recrUitment advertismg. layoff or termmatlon, rates of pay or other forms of compensatiOn, and selection for traming-mcluding apprenticeship. The Contractor agrees to post in consp1cuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provis1ons of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be mserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor-provided that the foregomg provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials ARTICLE 9 -CHARTER, LAWS, AND ORDINANCES The Contractor at all t1mes dunng the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws. rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 10 -LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11 -TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a matenal breach of the contract and entitle the City to consequential damages resulting from failures. acts, or omissions- including, but not limited to re-procurement costs, insufficient or 1m proper work. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination All work accomplished by the Contractor prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City. prior to payment for services rendered. ITB-15-21 ARMED GUARD SERVICES Agreement Page 4 ARTICLE 12 -NOTICES Contact Information City Contractor Name: Kersten Armstrong Title: Court Administrator Office Phone: 303-235-2836 Cell Phone: 303-882-1658 Email Address: karmstrong@ci.wheatridge.co.us Address 7500 W. 29 Ave City, State, Zip code Wheat R1dge, CO 80033 ARTICLE 13-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor aris1ng hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor shall be responsible for the performance of any subcontractor. ARTICLE 14 -SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished wlthm the Intent of the agreement, the terms of this agreement are severable. Should any term or provis1on hereof be declared invalid or become moperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a wa1ver of any other term. or the same term upon subsequent breach. ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding between the part1es. No pnor or contemporaneous add1t1on, deletion, or other amendment hereto shall have any force and effect whatsoever. unless embodied herem in writ1ng. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authonzed representative of the City and the contractor. ARTICLE 16-PROHIBITION ON EMPLOYING OR CONTRATING WITH ILLEGAL ALIENS Illegal Aliens -Public Contracts for Services CRS 8-17.5-101 and Public Law 208, 104th Congress. as amended and expanded 1n Public Law 156, 108th Congress, as amended· The Contactor certifies that he/she shall comply with the provisions of CRS 8-17.5-101et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal allen. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens. through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply with any requirement of this prov1sion or CRS 8-17.5-1 01 et seq . the City may terminate th1s contract for breach and the Contractor shall be liable for actual and consequential damages to the City. ITB-15-21 ARM ED GUARD SERVICES Agreement Page 5 ARTICLE 17 ·DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged busmess enterprises are afforded full opportunity to subm1t bids and will not be discriminated against on the grounds of race, color or national origin in cons1derat1on for an award Consultants shall msert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providmg labor or services. ARTICLE 18 -AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement m two (2) cop1es. each of which shall be deemed an original on the day and year first written above. ATTEST: DATE {Seal) ATTEST TO CONTRACTOR: NAME AI~L 1 ~r;.,~~ /¥v~L.AJ/""6vr­ TITLE DATE ITB-15-21 ARMED GUARD SERVICES Agreement OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 rCONTRACTOR G4S Secure Solutions (USA) Inc. 14111 E. Alameda Ave., Suite 300 1 co 80012 TITLE !t~/r/.,:w~ DATE I Page 6