HomeMy WebLinkAboutRFP - P1095 DOWNTOWN SECURITY (3)rev 06/07
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SERVICES 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 Fleming Security Services hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5)
pages, and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence January 1, 2008, and shall
continue in full force and effect until December 31, 2008, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Pricing changes shall be
negotiated by and agreed to by both parties. The Denver - Boulder CPI-U as 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.
3. Delay. 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 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.
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4. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of 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 notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City: Service Provider:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Fleming Security Services
Attn: Bob Fleming
508 Sedgwick Dr
Fort Collins, CO 80525
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.
5. Compensation. In consideration of the services to be performed pursuant to
this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost
basis according to the following schedule:
Hourly billing rates: $17.75 per hour
Monthly partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The amounts of all such partial payments shall be
based upon the Professional's City-verified progress in completing the services to be performed
pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs.
Final payment shall be made following acceptance of the work by the City. Upon final payment,
all designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the City.
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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.
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 City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for 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 responsibilities nor delegate any duties arising under the Agreement without
the prior 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. Warranty.
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. All goods supplied to the City shall be of the grade and quality specified
hereunder, or, if not specified, of the most suitable grade and quality of their
respective kinds for their intended use.
c. Service Provider warrants all goods, provided under this Agreement, except City-
furnished goods, against defects and nonconformances in grade 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 or performed by Service Provider or by any of its subcontractors of any
tier. Upon receipt of written notice from City of any such defect or
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nonconformances, the affected good shall be 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 of ten (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 himself 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-defaulting party for the non-defaulting party's reasonable attorney fees and
costs incurred because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, 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 liability of any character whatsoever brought or asserted for injuries to or
death of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
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
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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 deliver to 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 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/Severability. 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
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
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the “Basic
Pilot Program”) in order to confirm the employment eligibility of all newly hired
employees.
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b. Contractor shall not knowingly employ or contract with an illegal alien to perform
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 thereafter, until Contractor 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:
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
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 Labor and Employment (the “Department”) made in the course of an
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investigation that the 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 to the 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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
Fleming Security Services
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
At this time, cooperative members are the Downtown Business Association, Downtown
Development Authority, City of Fort Collins Museum, City of Fort Collins Transfort, District One
Police Department and the Library District.
1. Personnel Requirements
The personnel assigned to the Downtown Security Cooperative will have constant contact with
patrons. It is imperative that the individual assigned to this cooperative possess good
interpersonal and customer service skills. They should be comfortable and proficient in working
with a diverse population. They should be skilled at defusing potential conflicts.
The security officer must be at least twenty-one (21) years of age. We prefer they have a valid
Colorado Driver’s License and a High School diploma or G.E.D. (General Equivalency
Diploma).
All persons servicing this contract shall be in good physical health and fully capable of
performing normal or emergency duties requiring moderate to arduous physical exertion such as
standing or walking for an entire shift, climbing stairs, running and self-defense. In addition,
persons servicing this contract will be competently and thoroughly trained to perform their
assignment.
2. Location
At this time the security cooperative would encompass the locations of Library Park, including
the buildings that make up the Library and Museum facilities as well as Old Town Square, its
bordering alleyways and the Transit Center. This must remain flexible since needs may change
during the course of the year. Cooperative members will update the vendor on troublesome
areas as needed.
3. Time of work
Based on the patterns of criminal and nuisance behavior observed at Library Park and Old Town
Square a patrol schedule that encompasses peak hours of activity from 1:00 pm to 10:00 pm, 7-
days per week appears to be the most desirable. This may change and the vendor must
respond from input of the cooperative members.
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4. Uniform and Weapons
Uniform will be a “soft” uniform, consisting of polo shirts identified with the word SECURITY and
khakis, with limited defensive weapons for security staff. All weapons must be approved by the
City of Ft Collins Police Department representative.
5. Contact information and camera
Vendor must provide a cell phone and digital camera. The cell phone number must be given to
all of the cooperative members and answered or responded to with 5 minutes. Digital camera
will be used to document criminal and nuisance behavior and provided to the Police if
requested.
6. Communication with Security Cooperative Partners
The vendor will attend Quarterly review meetings with the managing members of the security
cooperative to provide an update of activities and issues. The Vendor will supply a written
summary of activity with each billing invoice that identifies the type and frequency of the
frequency of contacts.
7. Attachments
Attached are specific problems and general times when problems occur. This is not intended to
be a complete list and may change daily.
8. Please provide hourly pricing for your officer.
Service Needs for
Old Town Plaza
Problems:
Skateboarders jumping off plaza stairs and railings
Freestyle and bike riding at excessive speed through the plaza
Large groups of youth congregating on the stage area, and leaving large amounts of
litter, and cigarette butts in the immediate vicinity. Sometimes visible bottles of alcohol
can be seen as they transfer it to another container or cup. Also, they sometimes use
obscene language at a volume that can be heard from second floor windows.
Occasionally, a few members of the same group of youth will dump shopping carts in the
fountain, or push the shopping cart through the plaza with others riding in basket.
Vandalism in Public Restrooms located in the OTS Kiosk
Transient issues include activities such as displaying and drinking alcohol, sleeping –off
a hangover on benches, verbally accosting other plaza visitors, and sleeping in the ATM
kiosk.
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Time/Frequency of Problems:
Problems with the youth occur when the weather is warm. They tend to appear in the
plaza around noon or 1pm and congregate until late evening hours 9 to 10 pm. During
extreme high temperature days, they will frequently move to shaded areas in the Trimble
Court Alley entrance.
Problems with the skateboarders and freestyle bikes are less prevalent, and are
sporadic in occurrence, and can occur throughout the year. They don’t tend to stay in
the plaza for long durations of time, and move along when asked.
Service Needs for
Fort Collins Museum
And Library Park
Problems:
Public urination primarily on the north side of the Museum building
Drinking in the park
Public drunkenness
Drug use
Prostitution
Uses of Museum bathrooms to bathe
Verbal combativeness with park/museum patrons and staff
Sleeping in courtyard cabins
Recently have had our gallery vandalized and theft of mp3 players
Time/Frequency of Problems:
Generally after 12:00 although we do see some occurrences in the morning.
Warmer weather brings the transients to the park.
Cooler weather brings the transients into the Museum.
Overall a higher occurrence of issues are in spring, summer, and early fall
Expectations:
Random patrols from 1pm to closing. Inside building, courtyard and around the park.
Closing help - make sure the building is cleared. Escort people out if needed.
Observe and record - have a camera available to record infractions in the park. These
pictures would go to the police so they can use them.
Be on call for special events
Be on call for incidents in the Museum and Park that don't need to be handled by the
police
Service needs for
Downtown Transit Center, 250 N. Mason Street
Problems:
Youth arriving at the transit center on a bus, then congregating there—not getting on the
next bus to leave.
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Frequent fights between individuals and gangs, usually outside
Obscene language that is loud enough (and intended) for others to hear.
Frequent loud conversations and rough-housing of groups standing near SW corner of
transit center, just outside offices of the City’s Transportation Service Area managers.
Aggressive stances taken by certain youth which intimidates other transit center patrons,
creating an unfriendly or hostile environment.
Transients using the restrooms (especially men’s) inside the transit center to bathe.
Time/Frequency of Problems:
Problems with the youth occur primarily when Poudre School District is IN session, M-F;
summer months and school holidays tend to be less of a problem. We have recently
begun experiencing youth issues on Saturday afternoons, from 11:00 AM – 2:00 PM, but
to a lesser degree.
Youth begin arriving at the transit center on the 2:20 PM Route 9 bus, with others arriving
on the 2:45 PM Route 91 bus. Both of these routes service Lincoln Junior High School.
Everyone should be able to catch a connecting route at the transit center within ten
minutes of arrival. If a route connection is missed for whatever reason, another bus will
arrive in 30 minutes, with the exception of routes 5 & 18 (depart DTC @ :52 past hour)—
in which case the wait will be another hour. Therefore, some youth may still be around
until 3:50 PM and even longer if not urged to move on.
Transient issue is not tied to a specific time or day.
Service Needs for
Fort Collins Public Library and Library Park
Problems:
Public urination primarily on the north side of the library building
Drinking in the park
Public drunkenness
Drug use
Uses of library bathrooms to bathe, drink, and use and deal drugs
Verbal combativeness with library/park patrons and staff
Smoking in marked non-smoking areas – by front door and South side bench
Sleeping in the library
Refusing to vacate the building when asked
Time/Frequency of Problems:
Generally after 1:00 although we do see some occurrences in the morning.
The park has more instances in mild weather.
Extreme heat or cold causes the problems to move inside the library building.
Sleeping in the library is a problem that occurs at any time of the day or year.
Expectations:
Random patrols from 1pm to closing. Inside building, perimeter of the building and
around the park.
Closing help - make sure the building is cleared. Escort people out if needed.
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Observe and record - have a camera available to record infractions in the park. These
pictures would go to the police representative for use.
Be on call for special events
Be on call for incidents in the Library and Park that don't need to be handled by the
police
Treat library patrons with courtesy and according to library policies.
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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.
2. 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:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. 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.