HomeMy WebLinkAboutContracts & Agreements_102-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of custody services ("Agreement") is made and entered
in this 15th day of June, 2021 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City)" and G4S Secure Solutions (USA) Inc., a Florida corporation
("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
1 1 City hereby engages Contractor to perform custody services for City (the "Services")
1.2 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 OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 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.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Rachel Tolber, Commander, as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," titled "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,
2021 and ending June 30, 2024, unless terminated earlier as provided herein.
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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 5 — PAYMENTS TO CONTRACTOR
5 1 The total annual compensation for Contractor's performance of the Services shall not
exceed the amount of two hundred seventy six thousand eight hundred twenty five dollars
and twenty cents ($276,825.20) in fiscal year 2021-2022, two hundred ninety two
thousand two hundred twelve dollars and four cents ($292,212.04) in fiscal year 2022-
2023, and three hundred seven thousand two hundred forty two dollars and eighty nine
cents ($307,242.89) in fiscal year 2023-2024, bringing the total compensation amount
not -to -exceed eight hundred seventy six thousand two hundred eighty dollars and thirteen
cents ($876,280 13) City shall pay Contractor on a time and materials basis up to each
not to exceed amount in accordance with Exhibit "C," titled "Rate Schedule," attached
hereto and incorporated herein by reference.
5.2 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, (ii) five (5) days after deposit in first class registered mail, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), 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.
CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
Fax (909) 798-7535
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CONTRACTOR
Erik Fields, Vice President
G4S Secure Solutions (USA) Inc.
1450 Iowa Avenue, Suite 120
Riverside, CA 92507
Email. Erik.Fields@usa.g4s.com
Copy to contracts@usa.g4s.com
Phone (714) 269-9167
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
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
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' compensation laws
of the State of California. Contractor shall execute and provide City with Exhibit "D"
titled "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 in the
minimum amount of one million dollars ($1,000,000) per occurrence and two million
dollars ($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, hired and non -owned
vehicles, and employee non -ownership vehicles. 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
6.2 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.
ARTICLE 7 — CONFLICTS OF INTEREST
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.
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7.2 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;
(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;
(iv) 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 specified in City's Conflict of Interest Code under Government
Code section 87302.
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 Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 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' fees, including fees for the
use of in-house counsel by a Party
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 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.
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8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than ten (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
receipt of a termination notice, Contractor shall immediately discontinue its provision of
the Services and, within 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 Contractor
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, written 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 law of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
8 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement
G4S SECURE SOLUTIONS (USA) INC
By
Paul T Barich, Mayor
ATTEST
By
nne Donaldson, City Clerk
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Enk Fields, Vice President
EXHIBIT "A"
SCOPE OF SERVICES
In accordance with the Professional Services Agreement between the City of Redlands ("City")
and G4S 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 staff 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 City and Contractor agree that the scope of Contractor's services provided to
City are limited to the staffing of security officers who shall comply with directives
provided by City Contractor personnel are classified as security officers or custody
officers, not detention officers.
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 1024, 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 15 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
read applicable chapters of this manual in full. The contractor shall be provided with one
copy of the required manual.
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6 Perform 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 prisoners that would
otherwise be relegated to the arresting or booking officers relating to prisoner
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;
ii. Segregation of prisoners,
iii Need 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 and/or administrative hearings,
k. Accept bail bonds and release prisoners;
1. Transportation of prisoners from the jail facility to other locations
1. County Jail,
ii. Ward-B,
iii. Hospital, and
iv Other locations as determined by Police Department supervisory
personnel.
7 Comply with the lawful orders directed by any city employee having supervisorial
responsibilities over the lockup
8 Comply with minimum 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 requirement.
10 Contrgct personnel are prohibited from carrying a firearm while on -duty with the City
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The City Shall.
1 Maintain all decision -making authority and responsibility for the operation and
management of the City Jail. City's responsibilities include, but are not limited to
a. Creating and implementing the City's Jail Manual,
b Providing Contractor with copies of all relevant policies and procedures,
c Managing the food services contract and inventory;
d. Managing linen and janitorial responsibilities, and
e Maintaining responsibility for any maintenance or repair obligations.
City and Contractor acknowledge that Assembly Bill 32 prohibits the operation of a
private detention facility within the State of California. (Cal. Penal Code § 9501) and
agree that Contractor does not operate or manage the City Jail as defined under AB 32
and Cal. Penal Code §§ 9500(b) and 9501
2 Identify and employ the Facility Administrator and Facility Manager required by Title
15, Minimum Standards for Local Detention Facilities, issued by the Board of State and
Community Corrections. As defined in Title 15, the Facility Administrator means the
sheriff, chief of police, chief probation officer, or other official charged by law with the
administration of a local detention facility The Facility Manager means the jail
commander, camp superintendent, or other comparable employee who has been delegated
the responsibility for operating a local detention facility by a facility administrator
3 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,
4 Furnish all contract personnel assigned to fulfill this assignment the minimum training in
CLETS, 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,
5 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,
6 Supervise and direct contract personnel assigned to fulfill this Agreement. The City
assumes the risk and responsibility of G4S employees in the event the City takes direct
control or supervision 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.
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EXHIBIT "B"
PROJECT SCHEDULE
Custody officers will be scheduled at the discretion of the Redlands Police Department, but will
generally be staffed for twenty (20) hours per day each day of the week.
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EXHIBIT "C"
Rate Schedule
The regular hourly rate, non -holiday for the Unarmed Lead Custody Officer will be billed at a
rate of $31 07 per hour for fiscal year 2021-2022, $32.62 per hour for fiscal year 2022-2023, and
$34 18 per hour for fiscal year 2023-2024
Holiday hours and overtime for the Unarmed Lead Custody Officer will be billed at the rate of
$43 50 per hour for fiscal year 2021-2022, $45 67 per hour for fiscal year 2022-2023, and $47 85
per hour for fiscal year 2023-2024
The regular hourly rate, non -holiday for the Unarmed Custody Officer will be billed at a rate of
$28.10 per hour for fiscal year 2021-2022, $29 61 per hour for fiscal year 2022-2023, and $31 17
per hour for fiscal year 2023-2024
Holiday hours and overtime for the Unarmed Custody Officer will be billed at the rate of $39.34
per hour for fiscal year 2021-2022, $41 45 per hour for fiscal year 2022-2023, and $43 64 per
hour for fiscal year 2023-2024
G4S recognizes seven holidays per year
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
c 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 §1861)
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 laws 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.
G4S SECURE SOLUTIONS (USA) INC
By.
Erik Fields, Vice President
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Date 6` fiZvzt