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HomeMy WebLinkAbout469873 VETS SECURING AMERICA INC - CONTRACT - BID - 7104 SECURITY SERVICES POLICE SERVICES BUILDINGSERVICES 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 Vets Securing America, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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 two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2013, and shall continue in full force and effect until March 31, 2014, 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 one (1) 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 7104 Security Services (Municipal Court) Page 1 of 11 mornings excluding national holidays and a rare canceled arraignment morning (written notice will be provided by the Court to the vendor of such cancelations). There will be times when extended coverage could be requested by the Court in the event of an extra -large arraignment docket or special circumstances regarding a previously difficult defendant. Also, security will be requested by the Court for trials where a uniform police officer is not present during the trial timeframe. These times and dates can vary depending on the trial docket. A written request will be provided by the Court to the vendor ahead of scheduled trial dates. A security officer report including a time log of shift events must be submitted weekly. The vendor will complete and drop off this report at the Municipal Court office. The report should include a summary of activities, and details about any unusual incidents that occurred during the week. From time to time, incidents may occur that require the security officer to contact Fort Collins Police Services (FCPS). When FCPS is contacted, a police case number should be included on the weekly report, along with a copy of any incident report that is completed by the security officer. Items that must be reported to the police include, but are not limited to, the following: any sort of physical altercation, any verbal altercations that involve threats of physical harm, any display of a weapon or threat to use a weapon, and any request from either the prosecutor(s) or Court personnel. If the security officer believes that a crime has been committed on City property, the police should be noted. FCPS will then make the decision as to whether the incident warrants dispatching an officer. y EXHIBIT B INSURANCE REQUII 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: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,600 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. - Services Agreement 7104 Security. Services (Municipal Court) Page 11 of 11 ACIOR d CERTIFICATE OF LIABILITY INSURANCE 1/10/2013 ' 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endonemenl. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Nike Bair. 81 Dorado Iaauraace Agency, Inc. PXO (719)5]1-9251 PAX .(71.3)51-0125 81 Dorado Sec Srve Ins Agy EruL .vdLairseeldozadoinaurnnce.com PD Box 66571 INSURERS AFFORDRIO COVERA°E NIC0 INWRERA:Firat mercury Iaauraace CO. 10657 Houston TX 77266 INSURED INSURER B:SubBCri tion IMURERC:Travelers Casualty a SUrecy CO'. Veto Securing America, Inc. 10100 Reunion Place IMURER°: I1,13UMME: Suite 750 INSURER P: San Antonio TX 78216 COVERAGES CERTIFICATE NUMBER:Certificate 12/12 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. LTR TYPE OF INSUMNGF PMIGY NUMBER POD° P AP Ule" GENERAL LIABILITY EACH OCCURRENCE S 11000,000 PREMISES $ 100,000 X COMAERCLLLGENERALUABIItt A CLAIMB#IADE ®OCCUR B-COL-000001991<-03 /3/]01] /3/1013 MEO E%PMsrse $ 109000 PERSONALBADVINIIIRY $ 11000,000 GENERALAGOREQATE S 91000,000 GENLAGOREGATELIMn APPLIESPER PRODUCTS-OOMPIOPAGG $ 510001000 X POLICY Pam- LOC $ AUTOMOBILE LUBILITY Mo.. EINIA-E UNIT 11000,00 BODILYINIURY(PurP ) 3 H 3L ANV AUTO BOD1LYIWURYIPer¢cMnO S AAU MD SCHHOEDULEU 1UlMPP987] 1/1/1011 1/1/2013 HIRED AUiQ$ NON-01ME0 AUTOS S 3 UMBRELLA LAB OCCUR - EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR maI ,AOE E. I I RE .CN $ C AORKERS COMPENSATION MSTATU- OTH- AMEMI 'LABILOY YIN E.L. EACH ACG[ENr S 1.000.00 MY PROPRIETOWARYNERIE;ECLRNE OFFICERUIEMr. MU°Em (Me,tllory In NHl NIA 337$T4]All 1/8/]011 3/B/]039 E.L DISEASE -M EMPLOYE $ 1,000,000 M ies E.L DIBFAGE-POCKY LIMIT 3 1 000 000 RIPTION OI O DE9CflIPTKKi OF OPEMTpN9 ENPN DEWMPT°NOPWEMT°N81L°LATIONSIWHICLEB (AMahX ORDIOI.AddMWROMu s&u uN ffm Va is a MI City of Fort Collins Attn: Purchasing Department PO Box 5BO Ft. Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IH5U]5(101005).0t The ACORD name and logo are registered marks of ACORD 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 Municipal Court Vets Securing America, Inc Attn: Purchasing Attn: Patty Netherton Attn: Gerald A Gregory PO Box 580 PO Box 580 10100 Reunion PI Ste 750 Fort Collins CO 80522 Fort Collins CO 80522 San Antonio, TX 78216 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: $17.56 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. 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 Services Agreement 7104 Security Services (Municipal Court) Page 2 of 11 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. 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 Services Agreement 7104 Security Services (Municipal Court) Page 3 of 11 M,L f AV9tR!6M. 'F .Y h. Wc:4 � R'4 •nMwMU.'}. .. .1! LPoWLS�IrP•.:i.;, t •,•-ptlYY.• r ;.:. t: Ar:.{.4. 4. �s u:. '%M 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 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. I ndemn itv/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 Services Agreement 7104 Security. Services (Municipal Court) Page 4 of 11 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 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. 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 e-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 Services Agreement 7104 Security Services (Municipal Court) Page 5 of 11 (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 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 e-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. Services Agreement 7104 Security Services (Municipal Court) Page 6 of 11 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 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. �y�'....t= ,�, r"�'" �:M� M,'�`d..-. � ...aids. .. ..r�• �'.. CITY OF FORT COLLINS, COLORADO a municipal corporation 'tt Jame . O'Neill ll, DPPO, FNIGP Dire r of Purchasing and Risk Management Date: VETS E U ING N�, INC. gY. ti � PRINT NAME ^� CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3m/ 13 ATTEST: (Corporate Seal) CORPORATE SECRETARY z Services Agreement 7104 Security Services (Municipal Court) Page 8 of 11 buleetz;"4+� EXHIBIT A SCOPE OF WORK Background Information: The Fort Collins Municipal Court is located in the City's Administration Building at 215 N. Mason Street. Our Court Clerks' Office, waiting room, prosecutor's offices, and the courtroom are all located on the north side of the first floor in this building. There are three entrances to the building. The main entrance is the east entrance on the Mason Street side of the building. The west entrance is located at the back of the building adjacent to the alleyway. The north entrance, which is locked on arraignment mornings until 10:30AM, is located on the north side of the building, adjacent to the building's parking lot. Municipal Court arraignments and pretrial conferences are held every Monday, Wednesday, and Thursday morning (except for national holidays and with rare exceptions) beginning at BAM until approximately 10:30AM. However, defendants start arriving at 7:30AM when the building and the Municipal Court Clerks' office opens. The listed time is approximate because we occasionally have arraignments, during our busier months, that last until noon. Municipal Court trials are typically scheduled on Wednesday and Thursday afternoons 4 to 6 times a month beginning at 1 PM. These generally conclude around 3PM but occasionally continue until 4:30PM. Special hearings and trial dates (Jury Trials, Camera Radar/Red Light trials, etc.) can be scheduled on Monday afternoons and all day on Tuesdays. These are held in the Municipal Court courtroom. During arraignments, the Court Bailiff is stationed directly outside of the Court Clerks' Office, inside the east entrance. The Bailiff is responsible for checking defendants into court and handing defendants their advisement paperwork. The Bailiff begins their duties at 7:30AM and works at this station until approx. 8:15AM. At that time any defendant that checks in late will do so in the Court Clerk's office. After reviewing their paperwork, defendants are directed to the check -in window located half way down the north hallway. From there, defendants are directed by the PTC clerk either into the Court waiting room or into the courtroom. After completing either their pre-trial conference with a prosecutor or pleading guilty in the courtroom in front of the Judge, defendants are directed back to the Court Clerks' Office for paperwork processing and payment of fines/costs due. Scope of Work The duties and responsibilities of the security vendor will be to provide a security presence for the Municipal Court area, which could include directing defendants to the courtroom or Court Clerks' Of ice, performing routine rounds of the area during arraignments, and occupying the courtroom at all times when the courtroom door is open to the public. The security officer must have the ability to effectively meet and interact with the public and communicate in a professional manner both verbally and in writing, along with the ability to handle stressful situations. -- The securityofficer will report to and be evaluated by the Municipal Court Administrator, For consistency and training, the Court requests that the vendor supply one primary officer assigned to the duty, with one trained backup. The security vendor will provide coverage for the Municipal Court area, including but not limited to the Court Clerks' Office, the waiting room, the north hallway, the prosecutor's offices, and the courtroom, beginning at 7:30AM until 10:30AM on Monday, Wednesday, and Thursday Services Agreement 7104 Security Services (Municipal Court) Page 9 of 11