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HomeMy WebLinkAbout554065 G4S SECURE SOLUTIONS INC - CONTRACT - RFP - 8432 ARMED SECURITY SERVICES FOR PARKINGServices Agreement 8432 Armed Security Officer Services for Parking Page 1 of 15 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 G4S Secure Solutions (USA) Inc., a Florida corporation,, 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 8432 Armed Security Officer Services for Parking per the scope of services attached hereto as Exhibit "A", consisting of six (6) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence January 23, 2017, and shall continue in full force and effect until January 27, 2018, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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 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: Service Provider: City: Copy to: G4S Secure Solutions (USA) Inc. Attn: Robert Bobo 14111 E. Alameda Ave., Ste 300 Aurora, CO 80012 City of Fort Collins Attn: Kaley Zeisel PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 2 of 15 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. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein as included in the attached Exhibit "A", and incorporated herein by this reference. 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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. 11. Warranty. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 3 of 15 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 workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished 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. 12. 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. 13. 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. 14. 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. 15. 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 Service Provider’s willful misconduct or Service Provider’s negligent performance of any service hereunder. b. The Service Provider shall take all reasonably necessary precautions in performing the DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 4 of 15 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 Purchasing Director, 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. 16. 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. 17. 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. 18. 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 (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: DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 5 of 15 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 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 6 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: G4S SECURE SOLUTIONS (USA) INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 1/30/2017 Robert Bobo SVP-Western Region Assistant City Attorney 2/3/2017 City Clerk Services Agreement 8432 Armed Security Officer Services for Parking Page 7 of 15 EXHIBIT A SCOPE OF SERVICES I. BACKGROUND The City of Fort Collins is responsible for operating two parking structures in the core of the downtown area and one paid surface lot. The Service Provider is responsible to provide Armed Security Officer Services for both parking structures, as well as provide an armed security officer to escort a City Representative in the collection of money from drop vaults and pay machines located in the parking structure and surface lot. The Old Town Parking Structure (OTPS) is located at 100 Remington Street, on the corner of Remington Street and East Mountain Avenue in downtown Fort Collins. The parking structure is approximately 104,000 square feet with three parking levels and an additional fourth tier. There are two stairwells; the north stairwell is enclosed and has an elevator. There are two entrances, one on Mountain Avenue and one on Remington Street; the only vehicle exit is on Remington Street, where there is a booth and two automated pay machines. A parking attendant is stationed in the booth and access is controlled by automated equipment during specific hours and automated pay stations after hours. Parking attendant hours are 7:45 am -10:00 pm Monday through Thursday, 7:45 am – 11:00 pm on Friday and 10:45 am – 11:00 pm on Saturday. The Civic Center Parking Structure (CCPS) is located at 144 North Mason Street at the intersection of Laporte Avenue and Mason Street in downtown Fort Collins. The structure is 304,000 square feet with four levels and an additional fifth tier. There are two entrances and exits, one located at Mason Street and one located at Laporte Avenue; each exit has one booth and two automated pay machines. A parking attendant is stationed at each booth and access is controlled by automated equipment during specific hours and automated pay stations after hours. CCPS has two stair/elevator towers and two additional stairwells. A pedestrian walkway from the CCPS to the Opera Galleria provides access and egress to College Avenue at the second level. There are also two pedestrian breezeways on the west side of the structure allowing for access and egress to retail businesses and Mason Street. Co-located on the west side of the parking structure is 15,000 square feet of retail space that is owned and operated by Post Modern Development, Inc. II. SCOPE OF SERVICES A. Parking Structure Security The Service Provider shall provide Parking Structure Security seven days a week from 7:00 pm – 3:00 am. Two officers shall be present, one in each structure. Security Officers will patrol on foot. Officers will be responsible for all phases of parking structure protection, including, but not limited to: guarding the premises against fire, theft, pilferage, malicious injury, damage and destruction; monitoring the functionality of the equipment; assisting customers as needed when attendants are not on duty; and ensuring the safety of both booth attendants and customer. Safety of the booth attendants and the patrons utilizing the parking structures is ranked as the primary importance of this service. One extra Security Officer (for a total of three) is required Friday-Saturday 7:00 pm-3:00 am. The purpose of this extra Security Officer is to provide additional coverage during high-volume garage usage. The second Security Officer will typically be assigned to the Civic Center DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 8 of 15 Garage. When two Security Officers are present in a garage the officers will conduct regular rounds individually, rather than together. This will allow more coverage of the structures. One Security Officer will be patrolling on level one to provide assistance to the attendants and patrons and to direct traffic as needed, while the second Security Officer is on rounds on the upper levels of the structure. Routine rounds of the facilities will be performed at least two times per hour. The Services Provider is responsible for verifying the completion of each round. The Services Provider shall provide the City Representative a weekly report that describes the date, officer, and time of each completed round. Once per hour a round must include checking the functionality of the access and control equipment (gates, ticket dispensers and automated pay stations). A Security Officer report including a time log of the shift events must be submitted daily. The Security Officer will complete and email the report to the City Representative prior to leaving each day. The report should include a summary of activities on the rounds, and details about any unusual incidents that occur during the shift. Security Officers must be available to ensure the booth attendant’s safety and will post at the booths at shifts end when deposits are prepared. In the event an attendant needs to leave the booth, the Security Officer will monitor the booth and automated pay machines at that exit, as well as provide any assistance required by our patrons. The Services Provider is responsible for locking the two breezeways allowing access to Mason Street as well as the walkway to Opera Galleria at 10:00 pm. On Friday and Saturday nights, the two breezeways allowing access to Mason Street as well as the walkway to Opera Galleria shall be unlocked at 2:30 am. The two breezeways allowing access to Mason Street as well as the walkway to Opera Galleria shall be unlocked the day before any holiday. The Services Provider shall switch the Mason Reverse Lane Sunday through Thursday to an entrance lane at 3:00 am. The Services Provider shall switch the Laporte Reverse Lane Monday through Saturday to an entrance lane at 3:00 am. The Services Provider shall switch the Laporte Reverse Lane to an exit at 7:00 pm on Sunday. Security Officers will monitor and assist parking staff with disgruntled customers on an as needed basis, should a conflict arise. The Security Officer will have communication capability with booth attendants via cell phone, 2-way radio and a desk telephone located in the security office. The attendants will be able to contact the Security Officers by similar means. From time to time, incidents may occur that require the Security Officer to contact the Fort Collins Police Services (FCPS). When FCPS is contacted, a police case number must be included on the daily report and 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: 1) When a vehicle is damages either by another vehicle or vandalism 2) Any physical altercations 3) Verbal altercations that involve threats of physical harm 4) Any display of a weapon, or threat to use a weapon 5) Vandalism to the parking structure or any of the equipment. Graffiti would be excluded unless the responsible person has been detained. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 9 of 15 6) Contact with an inebriated individual who insists on driving 7) If a crime has been committed on City property, the police should be notified. They will make the judgement as to whether the incident warrants dispatching a police officer. Any emergencies should be reported immediately to the police. Emergency circumstances could include but are not limited to: theft, personal injury, property damage or any other illegal activity. The Service Provider shall report all police contact to the City Representative the next business day. Security Officers will be issues a set of keys to the structures and the automated parking equipment. Each Security Officer will be issues a parking garage access card (proximity or prox card) that they will be required to use any time they enter or exit a structure in a vehicle while on duty. Security Officers will be trained by the City Representative to recognize and analyze equipment issues, and perform basic maintenance and repair operations on the gate mechanisms, ticket dispensers, and automated pay stations. These responsibilities include replacing broken wood gate arms with a new gate arm, and replacing broken shear pins on the wood and metal reticulating gate arm mechanisms, clearing a ticket jam, installing tickets in the ticket dispensers, clearing of a coin jam or bill jam, and rebooting the equipment. The Security Officers shall remedy any of the outlined responsibilities immediately. The Security Officers shall have the knowledge and ability to open the gate mechanisms in the case of power outages. Security Officers will also be required to respond to major equipment failures outside this scope, have knowledge of who to notify, when to close a lane, open gates or any combination of these actions. Security Officers will be the contact for customers experiencing difficulties exiting the structures when a booth attendant is not available. Any event where a Security Officer opens a gate to facilitate a vehicle exiting shall be documented, either by the agreement form or daily log. Security Officers will assist customers with using the automated pay stations, and prepare a payment agreement in the event a patron is unable to pay their parking fees. Security Officers will not collect parking fees directly from a customer under any circumstances. If a permit holder has an issue with their card or fob not working, the officer will prepare a permit agreement. Once the agreement has been prepared the Security Officer will give the customer the yellow copy and open the gate. Security Officers will be expected to provide snow reports during storms to the appropriate City Representative when accumulations cause unsafe conditions for pedestrians and vehicles. They will be trained on activating the anti-icing system for the Laporte entrance lanes at the Civic Center. If icy, unsafe conditions exist in areas of heavy foot traffic Security Officers will put down ice melt as needed. Regular traffic control will be required. The objective of traffic control is to keep vehicles moving so that a queue does not develop inside the garage for vehicles entering and exiting the garage. Security Officers will be trained in traffic control safety by the City Representative who will outline the best methods for facilitating traffic flow in a parking garage. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 10 of 15 Security Officers will share a break room in the Civic Center Parking Structure with City personnel. Security Officers will use the breakroom for (1) fifteen minute break every four hours and for drafting reports. All other time shall be spent actively monitoring the garages. Security Officers must return phone messages and e-mail messages within 24 hours except for in an emergency, when calls and messages are to be responded to immediately. B. Parking Treasury Security An armed Security Officer is responsible to escort City Representatives one time per week to remove monies from drop vaults located within the three booths in the two parking structures, as well as escort the City Representative who services the seven automated pay machines, six located throughout the structures, and one located in the Mason Street surface lot. The Mason Street lot is located on the east side of Mason Street between Mountain Street and Oak Street in downtown Fort Collins. There is one automated pay machine located at the west end of the parking lot. The Services Provider will provide armed coverage for a City Representative one time per week on Tuesday beginning at 8:00 am. If a City holiday falls on a Tuesday, the Services Provider will be required to provide an armed Security Officer on a different business day as instructed by the City Representative to perform the Scope of Services. Armed coverage will be required for at least three hours; however, the City reserves the right to extend the requisite amount of time the armed Security Officer is available to escort City Representative depending on the number of automated pay machines which need to be serviced, in addition to other unforeseen circumstances such as inclement weather or equipment failure, etc. Due to the fact parking structure occupancy varies throughout the week, all seven automated pay machines may not need to be serviced each week. C. General The City will provide the Service Provider with a confidential G4S Employee Reference Guide that outlines particular processes and responsibilities of the Security Officers. The City reserves the right to add or remove service based on operational needs, including City sponsored special events. Additional service shall be provided at the hourly rate agreed upon in the Agreement. III. SPECIFICATIONS Specifications required of the Contractor for the City of Fort Collins Parking Services Department: A. Firearms & Security Equipment Security Officers must carry a firearm at all times. Security Officers must be trained by the security agency on use of the firearm and must qualify with the firearm twice per year. Qualification records must be available upon request to the FCPD. Security Officers must be trained in the use of, and be allowed to use, pepper spray and a baton. B. Background Checks Security Officers must have a background check by the agency going back five (5) years. Security Officers must never have been convicted of a felony. Those convicted of other crimes shall be used only upon approval of the City. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 11 of 15 The Service Provider will be required to facilitate, prior to acceptance of employment, background screening of all employees at Service Provider’s expense. Additionally, a copy of the completed background check will be provided to the City to review prior to placement with the City. In the event that a background check raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual working with members of the general public, such individual shall not be employed in connection with the services or activities required, in the City’s sole discretion. Violation of this specification will be grounds to terminate services with the Services Provider. The City reserves the right, at its discretion, to preclude any manager, supervisor, employee, or Security Officer from providing services under this contract. C. Training The Security Officers must have prior honorable law enforcement (civilian or military) experience and/or completed a documented training program for the required duties. Standards such as those of Colorado P.O.S.T. (Peace Officer Standards and Training) or a similar organization are preferred. Security Officers must be trained and be kept current in American Red Cross first aid and CPR or equivalent. D. Written and Oral Language Security Officers must read and write the English language to enable them to maintain a daily log of events and to converse with the public while working. E. Uniforms Security Officers must wear an approved uniform at all times while on duty, which clearly identifies their official capacity. Their appearance must be neat and professional. Uniforms will be supplied and maintained by the security agency. F. Current Standards The Service Provider must be familiar with OSHA (Occupational Safety and Health Act) and operate within those guidelines. All services, work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. The Service Provider is responsible for compliance with all federal and state wage and labor laws. G. Personnel Requirements The Security Officers assigned to the City parking structures will have constant contact with patrons who park there. It is imperative that the individuals assigned to these facilities possess a professional demeanor as well as strong interpersonal and customer services skills. They should be comfortable and proficient in working with a diverse population. They should be skilled at defusing potential conflicts. The Security Officers must be at least twenty-one (21) years of age. They must have a Colorado Driver’s License. They must have a High School diploma or G.E.D. (General Equivalency Diploma). DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 12 of 15 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. Security Officers should be permanently assigned when possible. The Service Provider must require a physical and urine analysis testing before hiring. Results of the test will be provided to the City prior to placement with the City. Security Officers will monitor the environment in the parking structures and assist City Representatives should a citizen approach while City Representative is performing duties related to the Scope of Services. Safety of the City Representatives is ranked as the primary importance of this service. Security Officers must have the ability to contact Fort Collins Police Services immediately should cause arise. Hourly price shall include uniform and equipment, communication devices, and assigned management staff. The Service Provider must provide additional personnel to cover the duties at each facility in the event of an illness or an emergency. The Service Provider will be responsible for removal of personnel servicing this contract who do not meet or perform in accordance to the requirements in this contract. When new Security Officers are assigned, the Service Provider must ensure they receive appropriate training from the City Representative as described above in the Scope of Services. H. COMMUNICATION The City will provide one Project Manager as a point of contact for the services to be provided. It is expected that the Service Provider provide one contact as well. Communication between the two will be expected on a weekly basis at the beginning of the agreement. As agreed upon, the two parties may reduce the frequency of these communications. I. REPORTING AND INVOICING Failure to provide daily or weekly reports will result in a $50 penalty per occurrence. The Service Provider shall report all absences or time lost to the City Representative in writing, no later than 24 hours after the occurrence. The Service Provider shall invoice the City on a monthly basis. Invoices shall be itemized by date, officer and hours. Any inaccurate invoice will be subject to a $100 penalty per occurrence. Inaccurate invoicing may be defined as including, but not limited to: incorrect officer amounts and hours worked and lack of required information. J. COST SCHEDULE Regular Hourly Rate Holiday Rate 2017 $24.96 $34.90 2018 $25.70 $36.31 2019 $26.50 $37.10 2020 $27.32 $38.25 2021 $28.17 $40.20 DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 13 of 15 G4S Pricing for City of Fort Collins- 5 year projection 1.1 2017 to 12 2017 $24.93/hour regular 34.90 OT & Holiday 2.1 2018 to 12 2018 $25.70/hour regular 36.31 OT & Holiday 3.1 2019 to 12 2019 $26.50/hour Regular 37.10 OT & Holiday 4.1 2020 to 12 2020 $27.32/hour Regular 38.25 OT & Holiday 5.1 2021 to 12 2021 $28.17/hour Regular 40.20/hour OT & Holiday G4S Notes to Pricing •Holidays billing applicable when worked on national holidays •OT is applicable when additional temporary service is requested •Unforeseen regulatory changes may impact rates quoted G4S Optional Services 1.Patrol Vehicle with security markings, spotlight, GPS, first aid kit and light bars 2.Risk 360 quoted based on users 3.Other Services K. SCHEDULE The City reserves the right to amend the target schedule at any time. Agreement start date January 23, 2017 Training with City Representatives Week of January 23, 2017 DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Services Agreement 8432 Armed Security Officer Services for Parking Page 14 of 15 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 reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins in accordance with the policy provisions.” 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 to the extent of Service Provider’s obligations under this Agreement 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 from the Service Provider’s willful misconduct or Service Provider’s negligent 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 $1,000,000 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 arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 No new insurance required Services Agreement 8432 Armed Security Officer Services for Parking Page 15 of 15 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777451517127444707177154633275103071732374631777210763551467006661207665504435077570076727242035772000777777707000707007 7777777707070700073525677115456000722115417563117407220114035271130072351100346364220752777334616210007427323243176000071233662164331500713222735307211107133237352163111077756163351765540777777707000707007 Certificate No : 570065394430 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/27/2017 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. PRODUCER Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive Suite 1100 Miami FL 33131 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 INSURER B: American Home Assurance Co. 19380 INSURER C: Illinois National Insurance Co 23817 INSURER D: New Hampshire Ins Co 23841 INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: G4S Secure Solutions (USA) Inc. 1395 University Blvd Jupiter FL 33458 USA COVERAGES CERTIFICATE NUMBER: 570065394430 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER AGENCY NAMED INSURED See Certificate Number: See Certificate Number: 570065394430 570065394430 Aon Risk Services, Inc of Florida 10515775 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # G4S Secure Solutions (USA) Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION C WC014112109 10/01/2016 10/01/2017 D WC014112110 10/01/2016 10/01/2017 D WC014112115 10/01/2016 10/01/2017 D WC014112111 10/01/2016 10/01/2017 D WC014112112 10/01/2016 10/01/2017 FL MA, WI - incl. Stop Gap AK,AZ,IL,KY,NC,NH,UT,VA ME NJ, PA N/A N/A N/A N/A N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 Excluded $1,000,000 $1,000,000 $1,000,000 A Y2017 GL5152448 10/01/2016 10/01/ PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000 A 10/01/2016 10/01/2017 AOS A CA 293-59-69 10/01/2016 10/01/2017 MA A CA 293-59-70 10/01/2016 10/01/2017 Y VA COMBINED SINGLE LIMIT (Ea accident) CA 293-59-68 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER D 10/01/2016 10/01/2017 PER STATUTE AOS B WC014112108 10/01/2016 10/01/2017 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N CA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC014112116 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Services Agreement effective January, 23, 2017. Location of services: 215 N. Mason St Fort Collins, CO 80522. City of Fort Collins, its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. G4S Branch: DEN. CERTIFICATE HOLDER CANCELLATION City of Fort Collins, Colorado AUTHORIZED REPRESENTATIVE Attn: Purchasing Department PO Box 580 Fort Collins, CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: A5A136CF-B04B-4451-9389-D38BCB235B32