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HomeMy WebLinkAboutContracts & Agreements_104-2018NPS -2 1 (3118) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of custody services ("Agreement"j is made and entered in this 1911 day of June, 2018 {"Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and G4,S Secure Solutions ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows. ARTICLE 1— ENGAGEMENT OF CONTRACTOR I 1 City hereby engages Contractor to perform custody services for City (the `=Services"). 12 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES CONTRACTO,It 21 TheServices that Contractor shall perform are more particularly described in Exhibit "A" entitled "Scope of Services," which is attached hereto and incorporated herein by reference. 22 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to State prevailing wage laws ARTICLES—RESPONSIBILITIES OF CITY 31 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 32 City designates Rachel Tolber, Lieutenant, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit uisstructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 -- PERFORMANCE OF SERVICES 41 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B:' entitled "Project Schedule," which is attached hereto and incorporated herein by reference 4.2 The term of this Agreement shall be for a period of three-year period commencing July 1, 2018 and ending June 30, 2021, unless terminated earlier as provided herein i:lerldJm%AVw=tsWHS Ag ment.NPS 2.i,doc NPS -21 (5118) 4.3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff. ARTICLE S -PAYMENTS TO CONTRACTOR 51 The total annual compensation for Contractor's performance of the Services shall not exceed the amount of One Hundred Seventy Seven Thousand Twenty One Dollars in fiscal year 2018-2019 ($177,021); One Hundred Eighty Four Thousand Seven Hundred Twenty Gine Dollars in fiscal year 2019-2020 (5184,721); and One Hundred Ninety Two Thousand Four Hundred Twenty One Dollars in fiscal year 2020-2021 ($192.421) City shall pay Contractor on a time and materials basis up to each not to exceed amount in accordance with Exhibit "C," entitled "Mate Schedule," attached hereto and incorporated herein by reference 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement. shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) live (5) days after deposit in first class registered snail, with return receipt requested; (lit) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section Q1Y Contractor City Clerk Richard McDowell, General Manager City of Redlands G4S Secure Solutions 35 Cajon Street 1450 Iowa Avenue, Suite 120 P 0 Box 3005 (mailing) Riverside, CA 92507 Redlands, CA 92373 ARTICLE $ - .DANCE AND INDEMNISCAMN 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies 2 r:tcaWjmftrccmx nU\ ;as ApeemenIMPs-2 Ldoc KPS -2 1 ("lI8) shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compeiisation laws of the State of California Contractor shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B. Comprehensive General Liability insurance with carriers acceptable to City to the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Doliars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hn-ed and non -owned vehicles, and employee non -ownership vehicles. City shall be nained as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 62 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICF 9 7 — CONFLICTS OF ff_gRF-ST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services, Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 71 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor. A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, 3 IkaUYm%AgmmcntsWA5 AMement.14PS-2 E doc NPS -2 t (5118) (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize the City to enter into, modify or renew a contract, (tv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specifiied m City's Conflict of Interest Code under Government Code section 57302 7.3 In the event City officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Cleric ARTICLE 8 — GENERAL CONS112ERATIONS 81 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' feee, including fees for the use of in-house counsel by a Party 82 Contractor shall not assign any of the Services, except with the prior written approval of City and in stnct compliance with the terms and conditions of this Agreement 83 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 84 This Agreement may be terminated by City, in its sole discretion, by providing not less than tens (10) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon 4 1:lenldJm)AamementAG45 Az=mmt.NM-2 t.doc NPS -2.1 (5118) receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, witfun five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Comractor 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, wntten proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. $.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement 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 the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS 04S Secure Solutions B y4 B �! Y Paul W Foster, Mayor Richard McDowell, General Manager ATTEST ,leftdrie Donaldson, City Clerk 0zMdjmlAgramrnts)C4S AgrcrmLmI.NPS-2 i.iinc NPS -21 (5118) EXHIBIT "A" SCOPE OF SERVICES In accordance with the Professional Services Agreement between the City of Redland ("City") and 04S Secure Solutions ("Contractor), Contractor shall. 1. Furnish City with professional, uniformed jail custodial personnel, 18 years of age and older, licensed to legally operate a vehicle in California, to operate the custody facility located at 1270 W Park Avenue, Redlands, on a one (1) person schedule based on staffing needs established by the Police Department. Occasionally, overtime will be available to Custody Officers when they are required to stay longer than their designated shift Currently, the department staffs custody services for 20 hours per day, 7 days per week The contractor shall fill any vacancies created by sickness, vacations, required training, etc. Uniforms shall be furnished and uniform upkeep shall be maintained by the contractor. 2 Furnish the Police Department with a copy of all background investigations performed on all personnel assigned to fulfill this agreement. Background investigations shall include 7 year employer review and history revealing meaningful employment; High school diploma or equivalent, drug screening test; reference check: fingerprint check, credit check; 40 hours of Contractor's professional training; and a MMPI psychological test 3 Furnish the Police Department with a copy of certificates or other documentation showing that personnel assigned to fulfill this assignment have successfully completed the following required training, furnished at the contractor's expense• a Custodial Officer's Training as required by the California Penal Code Section 831, which includes eight hours of"court and temporary holding facility" training in compliance with the California minimum Jail standards, California Code of Regulations, Title 15, section 1021, and b. American Red Cross First Aid course, including CPR. 4 Comply with all Federal and State laws for the operation of jail facilities and maintain a thorough working knowledge of and comply with, Title 15 of the California Code of Regulations. In addition, all contract personnel assigned to fulfill this assignment shall be required to read applicable chapters of the Redlands Police Department Policy Manual pertaining to Title 1S and the Jail Procedure Manual. 5 Maintain a thorough working knowledge of, and comply with, all sections of the Redlands Police Department Jail Procedure Manual pertaining to custodial duties and jail operations. All contract personnel assigned to fulfill this assignment shall be required to 5 1:\CA,4jrnlAg=T=ts\r7s Ag=a=t-NPS 2.140c NPS 2.1(5118) read applicable chapters of this manual in full. The contractor shall be provided with, one copy of the required manual 6. Perforin duties under the guidelines established in the Redlands Police Department Policy Manual and Jail Procedure Manual relating to the custody and transportation of prisoners, including but not limited to. a. Transportation of prisoners from field locations to the jail facility using assigned, department owned, vehicles, b Assume all responsibilities for the care and processing of pnsoners that would otherwise be relegated to the arresting or booking officers relating to pnsoner custody and housing; c Complete booking of prisoners, d. Mandated inspections of the jail facility and persons detained therein; e Evaluate prisoners for criteria relating to. i. Admittance to the jail facility, n. Segregation of prisoners, iii. breed for medical attention, iv Feeding schedules and serving of meals, f Produce reports relating to incidents they witness or are involved in; g Notification of Police Department supervisors; h. Booking of property into evidence, i. Fingerprinting applicants and registrants; j Testifying in court andfor administrative hearings, k Accept bail bonds and release prisoners; I Transportation of prisoners from the jail facility to other locations: i. County Jail, ii. Ward -B; iii Hospital, and iv Other locations as detenmined by Police Department supervisory personnel. 7. Comply with the lawful orders directed by any city employee having supervisorial responsibilities over the lockup Comply with mini mum pre -service training standards and requirements for all contract personnel assigned to fulfill this assignment Training conducted by the Police Department shall include, but is not limited to, CLETS/NCIC, Spillman Records Management and Booking System, report writing, and City/Department Customer Service Policy Contractor shall make contract personnel available, at the contractor's expense, in meeting this requirement 9 Comply with in-service training standards and requirements for all contract personnel assigned to fulfill this Agreement Contractor shall make contract personnel available, at Contractor's expense, in meeting this wquircment 10 Contract personnel are prohibited from carrying a firearm while on -duty with the City. 7 I-1caWJmlAIrcemeniskG45 Agm mom NPS 2.I.dac NNS -21 (5118) The City Shall I. Furnish the contractor and contract personnel assigned to fulfill this assignment with one copy of the Redlands Police Department Policy Manual Custody Chapter and Jail Procedure Manual, 2 Furnish all contract personnel assigned to fulfill this assignment the minimum training in CU TS, as required by the Department of Justice. Training may be conducted one-on-one or in a group format depending on training needs and number of personnel; 3 Approve, reject and/or dismiss contract personnel assigned to fulfill this assignment. The City shall provide written notification to the contractor upon the rejection or dismissal of contract personnel The City shall not reject or dismiss contract personnel without cause, and shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin: 4 Supervise and direct contract personnel assigned to fulfill this Agreement. The City assumes the risk and responsibility of G45 employees in the event the City takes direct control or supervison of a G4S employee by requiring the employee to perform contrary to this Agreement or to not perform the duties as contemplated by this Agreement, City, at the City's expense, retains the right to: a Fingerprint and photograph contract personnel, b, Obtain criminal history records on assigned personnel, c Verify background information and assigned employee's driver's license status; and d Discuss contractual agreement with other law enforcement agencies g NPS -2.1 (5118) PROJECTSCHEDULE Custody officers will be scheduled at the dlscretlon of the Redlands Police Department; but will generally be staffed for twenty (20) hours per day each day of the week 1 =Ndjm\Agm mmUu G4S Ap Tsars -a IAOC NPS 21 (511 S) Rale Schedule Regular, non -holiday, hours will be billed that rate of $22 99 per hour for fiscal year 2018-2019, $23 99 per hour for fiscal year 2019-2020; and $24.99 per hour for fiscal year 2020.2021 Holiday hours and overtime will be billed t at the rate of $32.1$ per hour for fiscal year 2018- 2019; $33 58 per hour for fiscal year 2019-2020, and $34 98 per hour for fiscal year 2020-2021. G4S recognizes six holidays per year. 10 1:kaWjm%AgmcmmUkG4S ASmen=IPPS 2.I.doc NPS 21 (5119) L11140)"Wilott Every employer, except the State, shall secure the payment of compensation in one or more of the following ways - (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to tate Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CH>- �� I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 196 1) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation Iaws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a Certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. GaS Secure Solutions B YK4J1AL J Richard McDowell, General Manager 11 1AcaWJtMA9r"Men1a1G45 ApeW=1.NP5-2 i dor