The URL can be used to link to this page

Home My WebLink AboutUS SECURITY ASSOCIATES - CONTRACT - RFP - 7388 SECURITY GUARD FOR DOWNTOWN TRANSIT CENTERSERVICES 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 US Security Associates Inc., 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 three (3) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 15, 2012, and shall continue in full force and effect until July 31, 2013, 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. 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. 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained Services Agreement 7388 Security Guard for Downtown Transit Center Page 1 of 21 4. Uniform and Weapons Uniform will be a "soft" uniform, consisting of business/professional 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 Service Provider must provide a cell phone and digital camera. The cell phone number must be given to Transfort and answered or responded to with 5 minutes. Any change to cell phone number must be communicated toTransfort immediately (within one business day). Digital camera will be used to document criminal and nuisance behavior and provided to the Police if requested. 6. Expectations, Common Behavioral Issues and Time & Frequency of Behavioral Issues A. This is not intended to be a complete list and may change daily. Expectations of Security Guard • Patrol Downtown Transit Center, primarily outside building in bus pull -in areas and public dwelling areas. • Circulate entire DTC area, not dwell in one location for more than five minutes. Roving should be conducted in a random way, not in a predictable pattern, time or location. • Actively address loitering individuals or groups by asking which bus they are waiting for and ensuring that they board that bus when it arrives next; disperse loitering groups. • " Monitor and address inappropriate behavior • Enforce signage, e.g., no bicycling, no skateboarding, no spitting, etc. • Monitor all behavior to ensure that no destruction of City property occurs and to maintain comfortable and friendly environment for everyone. • Ensure that transit center is being used for transportation purposes only. • Summon police services when needed. • Observe and record - have a camera available to record infractions. Share pictures with Fort Collins Police Department if requested. • Treat patrons with dignity and courtesy. Interact with the public in a professional manner, one that is appropriate for upholding the duties of a security guard. • Respond immediately to any safety or security -related requests from Transfort staff. • Escort Transfort staff from Downtown Transit Center to their personal vehicle when requested. • Do not engage in personal phone calls while on duty, unless they pertain to an emergent and critical matter. Do not trespass any non-public areas such as the DTC break room or use City property (e.g., computers) while on duty. Common Behavioral Issues at DTC ■ Groups congregating at the transit center —not getting on the next bus to leave. Services Agreement 7388 Security Guard for Downtown Transit Center Page 10 of 21 ■ Fights between individuals and gangs, usually outside ■ Offensive language that is loud enough for others to hear ■ Loud conversations (yelling), rough -housing, littering, spitting • Aggressive behavior which intimidates other transit center patrons, creating an unfriendly or hostile environment. • Consuming alcohol in public ■ Being under the influence of alcohol (public intoxication) ■ Hanging out in any area of the DTC for purposes other than awaiting the next scheduled bus ■ Bicycle & skateboard riding in bus traffic areas, pull-in/shelter areas and sidewalks • Inappropriate use of restroom facilities Time & Frequency of Behavioral Issues ■ People waiting to board route 18 congregate primarily on the SW side of the transit center —1/2 hr prior to bus arrival. Route 18: arrives at :25 past each hr, leaves at :55 past each hour. Increased behavioral issues with inappropriate language, rough housing & littering. ■ Youth congregate primarily when Poudre School District is in session, M-F. Students begin arriving at the transit center on the 2:20 pm buses, and every half hour thereafter. Inside DTC: groups congregate inside and become overly loud and boisterous. This creates an uncomfortable and unacceptable environment. Outside DTC: groups do not get on the next departing bus and loiter at the transit center. Everyone should be able to board a connecting route either directly or within twenty minutes of arrival. If a route connection is missed, another bus will arrive in 30 minutes or less, with the exception of routes 5 & 18 (depart DTC at :50 & :55 past hour, respectively) —in which case the wait will be another hour. Services Agreement 7388 Security Guard for Downtown Transit Center Page 11 of 21 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: 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 ServiceProvidershall 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. Services Agreement 7388 Security Guard for Downtown Transit Center Page 12 of 21 EXHIBIT C FEDERAL REQUIREMENTS FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................14 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS...................................................................................................................................14 3. ACCESS TO RECORDS AND REPORTS..........................................................................14 4. FEDERAL CHANGES.........................................................................................................15 5. TERMINATION....................................................................................................................16 6. CIVIL RIGHTS REQUIREMENTS.......................................................................................17 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................................................18 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............19 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......19 10. ENERGY CONSERVATION REQUIREMENTS..................................................................20 11. ADA Access.......................................................................................................................20 12. CITY OF FORT COLLINS BID PROTEST PROCEDURES...............................................21 Services Agreement 7388 Security Guard for Downtown Transit Center Page 13 of 21 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, 'Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U-S-C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses -shall not -be modified, except to -identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Services Agreement 7388 Security Guard for Downtown Transit Center Page 14 of 21 United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational f-Sernce,. Cow6cr- ' .. Turnkey'.' `Construction', %-Engmeering ....... .. Architectural ...... Acquisition of.Rolling. Stock , .._ Professional Services.-;: - . ,. - State Grantees -_.- None Those None None None None a. Contracts below SAT imposed on ($100,000) state pass None thru to Yes, if non- None unless None unless None unless non- b. Contrails above unless' Contractor competitive non- non- competitive award $100,000/Capital non- award or if competitive competitive Projects ': competitive funded thru2 award award award 5307/5309/5 311 II Non State Grantees Those a. Contracts below SAT ' ` Yes' imposed on Yes Yes Yes Yes ($100,000) non -state b. Contracts above -` Yes Grantee pass Yes Yes Yes Yes $100,000/Capital - thru to Projects Contractor Sources of Authority: '49 USC 5325 (a) '49 CFR 633.17 318 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or Services Agreement 7388 Security Guard for Downtown Transit Center Page 15 of 21 promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. S. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Services Agreement 7388 Security Guard for Downtown Transit Center Page 16 of 21 f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race. Color. Creed, National Origin. Sex - in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Services Agreement 7388 Security Guard for Downtown Transit Center Page 17 of 21 Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9%. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). Services Agreement 7388 Security Guard for Downtown Transit Center Page 18 of 21 {if no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work.] d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Services Agreement 7388 Security Guard for Downtown Transit Center Page 19 of 21 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins US Security Associates Inc. Attn: Purchasing Attn: Carol Thomas, Transfort Attn: Robert Arko PO Box 580 PO Box 580 9101 E Kenyon Ave., Suite 1000 Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80237 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 an hourly basis according as follows: Hourly billing rates: $14.29 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. 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 Services Agreement 7388 Security Guard for Downtown Transit Center Page 2 of 21 Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Lanpuaoe The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that, contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 11. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. Services Agreement 7388 Security Guard for Downtown Transit Center Page 20 of 21 12. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasinq(@fcgov.com or calling 970-221-6775. Services Agreement 7388 Security Guard for Downtown Transit Center Page 21 of 21 Robert Arko From: Stephanie Lamberson[slam berson@ussecurityassociates.com] Sent: Monday, May 14, 2012 6:50 PM To: rgarko@ussecurityassociates.com Cc: mpritchard@ussecurtyassociates.com; tparrish@andrewsintemational.com; Iflury@ussecurityassociates.com; dbrown@ussecurityassociates.com Subject: City of Fort Collins M, My comments to the RFP are as follows: 1. Page 3, Personnel Requirements: We will provide certifications of criminal background checks for all security guards servicing their premises, however, we cannot provide the actual results. 2. Page 12, Indemnity/Insurance: Please add the following to the end of the first sentence: ", except to the extent that such actions, suits, claims, demands or liability are a result of the negligence of the City, its officers, agents and employees. In the event we are awarded this bid, please forward the contract to legal for review and approval prior to signature. Our bid response must be contingent upon the ability to negotiate the contract. Additionally, Denman Brown must approve the payment terms contained in the contract. If you should have any questions or comments, feel free to contact me. Thank you. Stephanie J. Lamberson Paralegal U.S. Security Associates, Inc. 200 Mansell Court, 5th Floor Roswell, GA 30076 Telephone: 404.922.0939 A� �® CERTIFICATE OF LIABILITY INSURANCE 8/1/2012"YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). RO UCE(� �yyPaNAME nl Jroup - Cleveland 6000 Freedom Square, Suite 400 Cleveland, OH 44131 CONTACT Sall Harper PHONE FAX 216-674-2418 AIc No), 216 447-4088 AbMOAIESS: salt .har er h lant.com INSURERS AFFORDING COVERAGE NAICX INSURER A:Lexington Insurance Company 19437 INSURED U. S. Security Associates, Inc. 200 Mansell Court, Fifth Floor Roswell, GA 30076 Denver-191 INSURER B :National Union Fire Insurance Co. of Pittsburgh, PA 19445 INSURERC:Liberty Insurance Corporation 42404 INSURER D Liberty Mutual Fire Insurance Company 3035 INSURER E: INSURER F COVF RAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMODIYVYV POLICY EXP MM/DDIYVYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY 047082749 08/01/12 08/01/13 DAMAGE PREMISES Irdrurance S 500,000 CLAIMS MADE FTIOCCUR MED EXP (Any one person) E 0 PERSONAL ADV INJURY S 1,000,000 X CONTRACTUAL LIABILITY X Professional Liability/E&O GENERAL AGGREGATE E 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG E 1,000,000 SIR E 500,000 POLICY XJ PROfF] Lac IFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a accident S 1,000,000 BODILY INJURY (Per person) S D X ANY AUTO AS2641443931052 08/01/12 08/01/13 INJURY (Per accident) S ALL OWNED SCHEDULED AUTO AUTOS S X HIRED AUTOS X NON OWNED UTOS A Includes Garage LiabilityBODILY 9 Contractual PROBE E nIDAMAGE $ E X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS MADE 13273305 08/01/12 08/01/13 DED X I RETENTIONS 25,00 f C WORKERS COMPENSATION WA764D443931012 08/01/12 08/01/13 X JTw0`msT1A1mTlI OTH_ C C AND EMPLOYERSLIABILITY ANY PROPRIETORIPARTNERIE%ECUTIVE YIN Mandatoryin NH)EXCLUDED? NIA WA764D443931022 WC7641443931032 08/01/12 08/01/12 08/01/13 08/01/13 E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE E 1,000,000 E.L. DISEASE -POLICY LIMIT E 1,000,000 C If yFFICERIMEMBER it rulad quit, DE SCRIPTIONOFOPERATIONS below WC7641443931042 08/01/12 08/01/13 B Fidelity/Crime Ind. 3rd Party Liability 041766959 8/01/12 8/01/13 1,000,000 A Excess Auto Liability 048409879 8/01/12 8/01/13 OMBINEDSINGLE LIMIT 4,000,000 DESCRIPTION OF OPERATIONS I LOCA1IONS /VEHICLES (Attach ACORD 101. Additional Remarks SChedul, if more space is required) Certificate Holder is included as an Additional Insured, ATIMA where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins Purchasing Department P.O. Box 280 AUTHORIZED REPRESENTATIVE Ft. Collinis CO 80522 C, 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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. 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 materials, -equipment and labor, against defects and nonconformances in design, materials and workmanshiptworkwomanship 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 nonconformances, the affected item or part thereof shall be Services Agreement 7388 Security Guard for Downtown Transit Center Page 3 of 21 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 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. Services Agreement 7388 Security Guard for Downtown Transit Center Page 4 of 21 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 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 govem 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 Emoloving Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the a -Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in Services Agreement 7388 Security Guard for Downtown Transit Center Page 5 of 21 order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider 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 Services Agreement 7388 Security Guard for Downtown Transit Center Page 6 of 21 Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" — Federal Contract Clauses, consisting of nine (9) pages, attached hereto and incorporated herein by this reference. Services Agreement 7388 Security Guard for Downtown Transit Center Page 7 of 21 CITY OF FORT COLLINS, COLORADO a municipal corporation By. 09-- i OF FC (ox James B. O' ill II, CPPO, FNIGP t,.•••••• RTc -rr�irector of Purchasing and Risk Management S �:�� Date: ATTEST: City Clerk APP VE S O FORM: Assistan ttom ATTEST: CORPORATE SECRETARY U URITY ASSOCIATES INC By: PRINT NAME CORPORAT PR SIDENT OR VICE PRESIDENT Date: g g 1 (Corp rate Seal Services Agreement 7388 Security Guard for Downtown Transit Center Page 8 of 21 EXHBIT A SCOPE OF SERVICES 1. Personnel Requirements The personnel assigned to the Downtown Transit Center Security Guard will have constant contact with patrons. It is imperative that the individual assigned to this cooperative possess strong interpersonal and customer service skills. They shall be experienced, comfortable and proficient in working with a diverse population. They shall be skilled at defusing potential conflicts. All persons servicing this contract shall be at least twenty-one (21) years of age, have a valid Colorado Driver's License and a High School diploma or G.E.D. (General Equivalency Diploma). The Service Provider shall perform a criminal history background check on all present and prospective employees who shall be assigned security guard duties under this contract prior to, but not more than 30 days before, date of hire. All security guards shall have a clean criminal history with no felony convictions. Other misdemeanor criminal convictions that would disqualify an employee include, but are not limited to: • Any offense that requires registration of a sex offender • Any offense of violence by a person in a position of trust The Service Provider shall conduct all criminal background checks for all security guards who perform duties under this contract and provide certifications to the City of Fort Collins. 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. All persons servicing this contract will be trained to proficiency on all duties within this scope of services. The Service Provider shall provide this training and not allow any person to service this contract before all training is completed. The Service Provider shall make all training records for all security guards who perform duties under this contract available to the City of Fort Collins. 2. Location Downtown Transit Center (DTC), 250 N Mason. This area encompasses the interior public - accessible areas in DTC, bus pull -in tarmac and shelters, all public dwelling areas adjacent to the DTC and extending to Maple (north), Mason (west), LaPorte (south) and the bordering alleyway and parking spaces (east). 3. Time of work Based on the patterns of peak ridership, nuisance behavior and Transfort employee needs, the patrol schedule shall be from 10:00 am to 6:00 pm, Monday - Saturday. Exception: no service is needed on January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day, or December 25. Services Agreement 7388 Security Guard for Downtown Transit Center Page 9 of 21