HomeMy WebLinkAboutContracts & Agreements_228-2024AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of unarmed security services ("Agreement') at Step Up
In Redlands facility is made and entered in this 17th day of December, 2024 ("Effective Date'), by
and between the City of Redlands, a municipal corporation ("City") and TK Security, Inc., a
California corporation ("Contractor"). City and Contractor are sometimes individually referred to
herein as a "Party" and, together, as the "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 unarmed security services for City (the
"Services"). 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 this reference.
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 — RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates David Rabindranath, Homeless Solutions Manager, 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 The Services shall commence as of the Effective Date of this Agreement. Contractor shall
perform and complete the Services in a prompt and diligent manner in accordance with the
schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this
reference.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of
this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term. The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement.
4.3 Contractor shall famish a labor and material bond in the form attached hereto as Exhibit "B,"
which is attached hereto and incorporated herein by this reference, in an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 Compensation: The compensation for Contractor's performance of the Services shall not
exceed the amount of One Hundred Ninety Six Thousand Five Hundred Sixty Thousand
Dollars ($196,560) for the Services provided during the Initial Term. Should this
Agreement be renewed, the compensation for Contractor's performance for the Services
shall not exceed the amount of One Hundred Ninety Six Thousand Five Hundred Sixty
Thousand dollars ($196,560) for the first Extended Term; and One Hundred Ninety Six
Thousand Five Hundred Sixty Thousand dollars (S196,560) for the second Extended Term,
bringing the total possible amount of compensation to a not -to -exceed amount of Five
Hundred Eighty Nine Thousand Six Hundred Eighty Dollars ($589,680). For the Initial
Term and each Extended Term, City shall pay Contractor on a time and materials basis up
1AcrnMgreement&%TK Security, Inc. Agreement (Step Up Security) FY24-0038.doex-ms
to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C,"
titled "Price and Fee Bid," which is 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.
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.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Sarik Kadri, Operations Manager
TK Security, Inc.
10747 Reseda Blvd.
Porter Ranch, CA 91326
info@tksecurityin.com
Phone: 909-904-0093
Fax:213-380-4511
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.
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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 and appointed
officials, employees and agents from and against any and all claims, losses and 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.
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 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
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position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City 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. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination 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 any 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.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) 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 (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) 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, design calculations, drawings, specifications, reports, estimates,
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
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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 laws 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.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor- have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By:
kA44 D SA,7 , Mayor
ATTEST:
S '�s a� � "
a e Donaldson, City Clerk
TK SECURITY, INC.
By. �-A
arik Kadri, Operations Manager
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EXHIBIT "A"
SCOPE OF SERVICES
Holidays:
There are 14 recognized holidays: New Year's Day, Martin Luther King Day, Presidents Day,
Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day,
Veteran's Day, Thanksgiving Day and the Friday after, Christmas Eve, and Christmas Day.
Post Orders: Assignment instructions for each post, whether a fixed location or roaming locations,
must be adhered to in their entirety.
Pass Downs: Additional or special instructions by City of Redlands for posts on a temporary basis
and must be adhered to in their entirety.
Security Guard -Site Specific Shift -Regular Time -Hourly Rate: For weekly scheduled security
guard shift, M-F, excludes holidays.
Security Guard -Site Specific Weekend Shift Time -Hourly Rate: For weekly scheduled 19 hr.
weekend security guard shift, Sat -Sun, excludes holidays.
Security Guard -Holiday -Hourly Rate: For _all security guard shifts on City recognized holidays
only.
Table: Holiday:
Only the listed City holidays are subject to any premium (overtime, etc.) rates.
DATE
EVENT
January 1
New Year's Da
Third Monday in January
Martin Luther Kin 's Birthday
Third Monday in February
President's Da
March 31
Cesar Chavez Da
Last Monday in May
Memorial Da
June 19
Juneteenth
July 4
Independence Da
First Monday in September
Labor Da
Second Monday in October
Columbus Da
November 11
Veteran's Da
Fourth Thursday in November
Thanksgiving Da
Friday
after Thanksgiving
December 24
Christmas Eve
December 25
Christmas Da
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Monday -Sunday.
Security
Total
Hours
start
End
A Shift
08:00 (8am)
14:00 (2pm)
8
B Shift
14:00 (2pm)
00:00 (Midnight)
8
C Shift
00:00
(Midnight)
08:00 (8am)
8
Services Provided:
A) The Property, known as Step Up hi Redlands, is located at 1675 Industrial Park Ave.
Redlands, CA 92374
B) Provide a security "presence" through patrolling on foot throughout the property.
C) Security personnel shall call the designated FCS staff personnel to report any maintenance
concerns or for miscellaneous questions.
D) Security personnel shall call the Redlands Police Department (depending on the incident)
upon the observance of any illegal activity, vandalism, or suspicious or inappropriate
behavior.
E) Restrooms are available at the property for security staff use.
F) Submit activity reports from the prior security shift within six hours.
G) Include any pertinent information or backup documentation with your reports.
H) Ensure that all reports are submitted prior to submission of the invoice.
I) General: Report immediately, verbally and or in writing as soon as practically possible
taking safety into consideration; especially concerning issues that may require immediate
action to avoid potential escalation. If possible, take photos of the observation or interaction
and attach to email, text, pictures, and written reports.
1) Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or
accidents that have harmed, are harming, or could likely harm persons, animals, plants,
property, environment, or the like.
K) Public Nuisances: any observations of any public nuisances.
L) Business Interactions: any interactions with business owners and or persons.
M) Work Performance Delays: anything that is or could potentially delay or prevent work
from being performed within the designated times and locations.
N) Follow up Activities: all action items from the above section, which may have been
verbally reported, but a written report was not possible at the time; and all action items as
required by City Representative.
NOTE: During breaks and meals, security service may be temporarily halted; however,
the guard must return promptly to their post afterward.
I.AcmakAgreementsUK Security, rno. Agreement (Step Up Security) FY24.0088.docx-ms
,:czw -ipxurwro t :szia
Whereas, the City of Redlands, State of California, and TK Security, Inc, (hereinafter designated as
"Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to unarmed security
services at the City's Step -Up in Redlands Facility (the "Work"), which said agreement, dated December 17,
2024, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and
Grounds" is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance
of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims
to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code
of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City and all contractors, subcontractors, laborers, material men and other persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred Eighty
Nine Thousand Six Hundred Eighty Dollars ($589,680) for materials furnished or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will
pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon
this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of
Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named,
on 20_
(SEAL) (SEAL)
(Contractor)
(Signature)
(Surety)
BY:
(Signature)
Address:
(Sea] and Notarial Acknowledgment of Telephone
Surety)
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EXHIBIT "C"
FEESCHEDULE
Description
Unit
Houdy Rate.'
Security Guard — A Shift, M — F. hourly rate, as per all bid specifications
HOUR
$22.50
Security Guard — B Shift, M — F, hourly rate, as per all bid specifications
HOUR
$22.50
Security Guard — C Shift, M — F, hourly rate, as per all bid specifications
HOUR
$22.50
Security Guard — A Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications
HOUR
$22.50
Security Guard — B Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications
HOUR
$22.50
Security Guard — C Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications
HOUR
$22.60
Security Guard — A Shift, Holiday Time, for any shift that begins or ends on a holiday as
listed In the bid specifications
HOUR
$22.50
Security Guard — B Shift, Holiday Time, for any shift that begins or ends on a holiday as
listed in the bid specifications
HOUR
$22.50
Security Guard — C Shift, Holiday Time, for any shift that begins or ends on a holiday as
listed in the bid specifications
HOUR
$22.50
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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
_LL__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 perfonning 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 peijury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
TK SECURITY, INC.
By: /X,�G�4
Sa ik Kadri, Operations Manager
Date:
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