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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - CONTRACT - BID - 6060 SECURITY OFFICERSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ,hereinafter referred to as the "City" and Anlance Protection LTD, hereinafter referred to as "Service Provider" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and ibetween the parties hereto as follows i 1 Scope of Services The Service Provider agrees to provide services in accordance wdhi the scope of services attached hereto as Exhibit "A", consisting of Two (2) pages and incoirporated herein by this reference 2 Contract Period This Agreement shall commence upon signing and shall continue I in full force and effect until February 27 2008, unless sooner terminated as herein provided In i addiI tion, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods Renewals and pricing changes shall be negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end i 3 Delav If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the i party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contai6ed herein, the City may terminate this Agreement at any time without cause by providing written notice of 1 SA rev06/07 EXHIBIT B INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial, General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance COLORADO-BW INSURANCE Fax 19702672231 Aug 27 2007 02 ACORD- CERTIFICATE OF LIABILITY INSURANCE PRODUCER (970)223-0924 FAX (970)267-2231 THIS CERTIFICATE IS ISSUED AS A MATTER Colorado OW Insurance Agency, Inc, ONLY AND CONFERS NO RIGHTS UPON THE 1075 W HOrsetOOth RdSte 106 HOLDER. THIS CERTIFICATE DOES NOT AM[ , ALTER THE COVERAGE AFFORDED BY THE Fort Collins, CO 90526 INSURERS AFFORDING COVERAGE INSURED Anlance Protection Ltd INSURERA All Risks Limited PO Box 2401 INSURERS Pinnacol Assurance Ft Collins, CO 80522 INSURER INSURER 0 INSURER E P001/002 DATE (MWDONM) 08/27/2007 OR NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR INSR NNW TYPE OF INSURANCE POLICr NUMBER POLICY EFFECTIVE DATE WNUDONY) 07/13/2007 POLICY EXPIRATION 07/13/2008 LIMITS A GENERAL DABILny X COMMERCIAL GENERAL LIABILITY CLAIMS MADE j OCCUR 51151-000975071 EACH OCCURRENCE s 1, 000 000 DAMAGE TO RENTED MED EXP (Any cne pe=n) $ SD DD F 5,000 PERSONAL & ADV INJURY 4 11000/00 GENERALAGGREGATE 3 2,000,0 GEN L AGG REGATE LIMIT APPLIES PER POLICY PRCTO- LOC E PRODUCTS-COMP/OPAGG S 1,000,00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NDN•OWNEp AUTOS COMBINED SINGLE LIMIT (Ea eccMenl) S BODILY INJURY (Per peraon) E BODILY INJURY (Par awdUp S PROPERTY DAMAGE (PerawdenD 5 GARAGP LIABILITY ANY AUTO AUTO ONLY, EA ACCIDENT S OTHER THAN EAACC AUTO ONLY AGG S E EXCESS/UMERELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE i E S S B WORKERS UCMFENM71ON AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNENIEXECUTIVE OFFICERMIEMBER EXCLUDED? H yea LPROISIO SPECl4L PROVISIONS CeIow 4064145 01/01/2007 01/01/2008 X�OTH- EL EACH ACCIDENT i 1,00D 000 E L DISEA5E- A EMPLOYEE $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION DF OPBRATIONS I LOCATIONS / VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is named as an Additional Insured with respect to the ongoing operations f the Named Insured on the General Liability only. City of Fort Collins Finance & Purchasing Department Attn, Christine Jarvis 215 N Mason St., Second Floor PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRNISH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OULI IATION OR LABILRY Or ANY KIND UPON THE IN$OREi ITS AGENTS OR HEPRESENTATIVES Lesl AmRn 7Rr?nnvnRI, FAX- 221-6707 0ACE1Rn rn A?WARATInM IORA COLORADO-BW INSURANCE Fax 19702672231 Aug 27 2007 02 44pm IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001108) termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the;parties All notiI ces provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses , City: City, of Fort Collins Attn Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider Anlance Protection LTD Attn Barry Wilson 1800 East Lincoln C-3 Fort Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination i 5 Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, $17 87 per hour or $2001 44 per week and incorporated herein by this reference I 6 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative i 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The I City (shall not be responsible for withholding any portion of Service Provider's compensation hereunderfor the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 8 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any SA relv06/07 I responsibilities nor delegate any duties arising under the Agreement without the Ilrior written consent of the City 9 Acceptance Not Waiver The City's approval or acceptance of, or payment for any Of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 10 Warrantv (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished mate nals,'eguipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished orlperformed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 11 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 12 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himsI If of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- defaililting party for the non -defaulting party's reasonable attorney fees and costs incurred because 3 SA rev06/07 of the default 13 Binding Effect This writing, togetherwith the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, I agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal rep iesentatives, successors and assigns of said parties 14 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or t , liability of any character whatsoever brought or asserted for injuries to or death of any i person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder i b The Service Provider shall take all necessary precautions in performing the work i hereunder to prevent injury to persons and property i i c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliverto the City's Director of Purchasing and Risk Management, P O Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company I acceptable to the City 15 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 Law/Severabditv The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement In the event any provision of this 4 it li SA rev06/07 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101, C R S , et seq , Contractor represents and agrees that a As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien, and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as 1, amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the 'Basic i Pilot Program") in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform I i work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months therea fter, until Controctor is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall 5 SA rev06/07 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and I 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Contractor shall comply with any reasonable request by the Colorado Department of i Labor and Employment (the "Department') made in the course of an investigation that the i Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5), C R S g If Contractor violates any provision of this Agreement pertaining tolthe duties imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17 5-102, C R S h The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach SA rav06/07 CITY OF FORT COLLINS, COLORADO a municipal corporation �J g y I James 0 O Neill II, CPPO, FNIGP Directo of urchasing and Risk Management Date ✓ ors.. �,,.�. RINT NAME DRPORATE PRESIDENT OR VICE PRESIDENT ate AVA 027 2 a9 (Corporate Seal) 7 SA rev06/07 EXHIBIT A SCOPE OF WORK The duties and responsibilities of a desk officer is a new position at Fort Collins Police Services This position will be staffed by a private, armed, uniformed and non -sworn officer who will be stationed at the front desk in the lobby area of the new police services building The front desk will be staffed from 0700 to 2300, 7 days per week SUPERVISORY RESPONSIBILITY The; Desk Officer position will report to and evaluated by the Records Division manager ESSENTIAL DUTIES AND RESPONSIBILITIES The'desk officers duties include directing incoming pedestrian traffic to other portions If the facility as well as answering their questions The desk officer is also responsible for the electronic security of police services and will grant and direct electronic access to the officers, visitors and customers of the Agency While monitoring the building security system and cameras, the desk officer will keep surveillance over officers with prisoners in the sally port, booking and lock -up areas and report any suspicious activities to the communications center The desk officer is also responsible for answering an internal business line as well as non - emergency phone calls from the public The desk officer will also take some simple reports over the phone On a normal business day, it is not uncommon for the desk officer to be taking report from a victim at the desk while also answering the phone This makes the desk officer's position 'sometimes extremely busy The desk officer will conduct all activities in accordance with the Agency's Mission and Values, Rules, Regulations, General Directives which is available for viewing upon request INUU17-00MRI n1A,JVVL1Z_V3C. OMILLJ HINU H6I1-I I ICJ I Thiel desk officer must have the ability to effectively meet and interact with the 'public and communicate in a professional manner both verbally and in writing along with the ability to handle stressful situations It is preferred but not required the desk officer is proficient in Spanish The desk officer must have a working knowledge of intercom systems, security systems, computers and Microsoft and Windows operating systems The desk officer must process a working knowledge of emergency services practices and use of mobile land radio PHYSICAL DEMANDS Thelphysical demands here are representative of those that must be met by a Desk Officer to successfully perform the essential functions of this lob Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions While performing the duties of this lob, the Desk Officer is frequently required to sit and/or talk and hear The Desk Officer is required to walk and stand for lengthy periods of time The Desk Officer is frequently ]required to use hands to fingers, handle or feel objects, tools or controls, and to reach with hands and arms The Desk Officer must occasionally lift and/or move up to twenty five (25) pounds Specific vision abilities required by this job include close vision and the ability to adjust focus The work environment characteristics described here are representative of those an Desk Officer encounters while performing the essential functions of this job Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions The noise level in the work environment is usually quiet, but will include periods of loud tones and from numerous radios and phones at once Thel Desk Officer must have had a background check by the security agency going years Desk officer security guards must not ever have been convicted of a fel, convicted of other crimes will only be used upon approval of Fort Collins Police Servic officers will be given a limited background check by a member of the Fort Collins Pol training unit and those that are selected for the desk officers position will be requir physical and unnalysis test prior to being hired traffic k five (5) Those All desk Services to take a Thel Desk Officer security guards must be Colorado P 0 S T (Police Officer Stands rn Training) certifiable as a police officer Security guards assigned to the Desk Officer position must carry firearms and be trained by the security agency on their use Each guard must re -qualify with the firearm twice per year and the qualification records made available to Fort Collins Police Services Desk Officer security guards must be trained and hold a current certification in American Red Cross first aid and Cardio Pulmonary Resuscitation, or an equivalent Certification records must be made available to Fort Collins Police Services upon request Desk Officer security guards must read and write the English language to enable them to maintain a daily log of events when working Security guards must possess good interpersonal an customer customer service skills Security guards working at the front desk must wear an approved uniform which clearly identifies their, official capacity at all times while on duty Their appearance will be neat and professional at all times Uniforms and all personal security guard equipment, including weapons and handcuffs will be provided by the successful security agency All uniforms and personal security guard equipment, including weapons and handcuffs must be approved by Fort Collins Police Services The Fort Collins Police Services prefers the security agency to be currently staffing two (2) other law enforcement agencies in Colorado, and be performing like duties there A reference list of where these duties are currently being performed must be submitted to Fort Collins Police Services with the bid for review and follow-up The security agency must provide Worker's Compensation insurance to the security guards The security agency is responsible for compliance with all federal and state wage and labor laws The 'security agency is responsible for ensuring that the staffing requirements are fulfilled If they are not, the agency must reimburse Fort Collins Police Services for costs incurred if Fort Collins Police Services personnel must be used The security agency must agree to work under the administrative control of Fort Collings Police SERVICES The security personnel working the Desk Officer position should be permanently assignned, when practical l