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HomeMy WebLinkAboutRFP - P1095 DOWNTOWN SECURITY (3)rev 06/07 1 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. rev 06/07 2 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. rev 06/07 3 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 rev 06/07 4 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 rev 06/07 5 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. rev 06/07 6 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 rev 06/07 7 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 rev 06/07 8 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. rev 06/07 9 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. rev 06/07 10 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. rev 06/07 11  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. rev 06/07 12  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. rev 06/07 13 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.