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HomeMy WebLinkAboutAgenda Report - May 17, 2023 C-08CITY OF 1!0'� t r CALIFORNIA AGENDA ITEM C•8 COUNCIL COMMUNICATION AGENDA TITLE: Adopt A Resolution Authorizing City Manager To Execute a Three -Year Professional Service Agreement with Five Optional One -Year Extensions with Al Protective Services, LLC, of Rancho Cordova, for Security Services ($1,599,000) MEETING DATE: May 17, 2023 PREPARED BY: Deputy City Manager RECOMMENDED ACTION: Adopt a resolution authorizing City Manager to execute a three-year professional service agreement with five optional one-year extensions with Al Protective Services, LLC, of Rancho Cordova, for security services ($1,599,000). BACKGROUND INFORMATION: The City currently has a contract for security services at City Hall Complex, HSS, Lodi Public Library and the Transit Station and Parking Structure. The contract has been in place for the last eleven years, and is expiring on June 30, 2023. It is best practice to assess available service providers in the market through the RFP process. In March 2023, the City released a Request for Proposal (RFP) for Security Services. On March 28, 2023, the City received responses from nine firms: • Al Protective Services • American Guard Services (AGS) • Allied Universal • American Global Security • CityGuard • Contact Security • Lyons Security • Power Security Group • Vigilant Private Security The proposals were independently reviewed by a team of three City staff members, including • Assistant Transportation Planner • Literacy & Programs Manager • Recreation Manager The proposals were evaluated on the following criteria: APPROVED: (May 9, 202316:14 PDT! Stephen Schwabauer, City Manager General qualifications Technical quality o Expertise and Experience with similar agencies o Bidder's Approach Price Based upon the evaluation of the information supplied in the proposals, the panel ranked the top four firms to interview for further evaluation. On April 24, 2023, the City interviewed four firms in person: • Al Protective Services • American Guard Services (AGS) • Allied Universal • Lyons Security The interview panel consisted of four City staff members, including: • Deputy City Manager • Assistant Transportation Planner • Literacy & Programs Manager • Recreation Manager Al Protective Services specializes in municipalities and government agencies, currently servicing agencies such as the City and County of San Francisco, the City of West Sacramento, the County of Sacramento and Sacramento Sewer and Sanitation District. They offer direct contact with a 24/7 dispatch center to service all of the City's needs. Additionally, they have met the Federal Funding requirements as set forth in the RFP for the Transit site locations. Al has committed to a strong local presence, including a locally based account manager occupy a small local office. Annual Fee Structure for all sites is as follows. - Year 1 ollows: Year1 Year 2 Year 3 Total by Site FISCAL IMPACT: Costs for the security services will be included in the City's proposed Fiscal Year 2023/24 budget for each of the respective sites. FUNDING AVAILABLE: Not applicable. Andrew Keys (May 4, 702 3:14 P - Andrew Keys Deputy City Manager/Internal Services Director HSS Transit Library City Hall Total $ 62,000 $ 272,000 $ 80,000 $ 100,000 $ 514,000 $ 65,000 $ 285,000 $ 84,000 $ 100,000 $ 534,000 $ 67,000 $ 297,000 $ 87,000 $ 100,000 $ 551,000 $ 194,000 $ 854,000 $ 251,000 $ 300,000--F$ 1,599,000 FISCAL IMPACT: Costs for the security services will be included in the City's proposed Fiscal Year 2023/24 budget for each of the respective sites. FUNDING AVAILABLE: Not applicable. Andrew Keys (May 4, 702 3:14 P - Andrew Keys Deputy City Manager/Internal Services Director AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Al Protective Services, LLC, a California Limited Liability Company (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Security Services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. 1 Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2023 and terminates upon the completion of the Scope of Services or on June 30, 2026, whichever occurs first. Section 2.7 Option to Extend Term of A-greement At its option, City may extend the terms of this Agreement for an additional five (5) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed eight (8) years. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damaue CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Andrew Keys To CONTRACTOR: Al Protective Services, LLC 11060 White Rock Rd., Ste. 280 Rancho Cordova, CA 95670 Attn: Paula Jones Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the M services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction. Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Re uirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 6 Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ® If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST. OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Al Protective Services, LLC, a California Limited Liability Company Bv: Name: Paula Jones Title: Owner/Consultant Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: Doc ID: CA:Rev.03.2023.LT (Business Unit & Account No.) 8 EXHIBIT A Scope of Services CONTRACTOR shall provide security guards and an account manager that will be dedicated to this contract and will respond to the CITY Contract Representatives, as applicable. CONTRACTOR hereby agrees that any of its employees assigned to satisfy CONTRACTOR's obligations under this contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract. CONTRACTOR is required to hire a sufficient number of employees to staff all service locations/posts on a daily basis, including weekends and CITY -recognized holidays. (CITY - recognized holidays are New Year's Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving (Thursday and Friday), Christmas Eve, and Christmas Day). CONTRACTOR will have contingency plans for supplying additional cleared and badged security guard resources as dictated by heightened security levels or unplanned events. I. Security Guards: CONTRACTOR shall provide a sufficient number of guards to staff all shifts on a daily basis, including weekends and CITY -recognized holidays. CONTRACTOR shall be directly responsible for the conduct of all employees under the authority of this agreement at the CITY facilities; notwithstanding the legal relationship entered into by and between CONTRACTOR and their employees, even independent contractors. II. Account Manager: CONTRACTOR shall maintain an Account Manager sufficient to manage the needs of the contract and the selected individual shall be approved by the CITY Contract Representatives. The Account Manager's function shall be to facilitate the administration of the agreement and to coordinate said operation. The Account Manager shall provide oversight, guidance, and direction to all security guard personnel assigned to work under this contract. The Account Manager will brief with assigned personnel, report on performance, act as necessary to guide and direct low performing employees toward improved productivity and correct inappropriate or poor behavior immediately. Additionally, the Account Manager will receive all Daily Activity Reports and Security Incident Reports from security guard personnel during their shifts and will review each report for completeness and readability. CONTRACTOR shall keep the CITY Contract Representatives informed, in writing, of the name and telephone number of the Account Manager who can be contacted at any time and who is authorized to represent CONTRACTOR in all matters pertaining to the agreement. The Account Manager shall have a reasonable level of authority to act on behalf of CONTRACTOR on all operational, personnel and contractual matters (i.e. post order modifications, conduct or personnel issues, and notification of security changes). The Account Manager is the CITY's first line of contact for any issue. III. Field Supervisor: CONTRACTOR shall provide a Field Supervisor dedicated to this Contract. The Field Supervisor will be responsible for inspecting each site at minimum, monthly. Field Supervisor will be responsible for the following: • Provide daily, constant and consistent supervision, guidance and direction to all security guard personnel assigned to work under this contract. The Field Supervisor will brief regularly with assigned personnel, report on performance, act as necessary to guide and direct low performing employees toward improved productivity and correct inappropriate or poor behavior immediately. The Field Supervisor is key to the development and continual oversight for field personnel. The Field Supervisor is the first line of contact for personnel for issues observed, low productivity, policy or post order violations and in addition, to recognize excellent performance, support and acknowledge employee initiative, guide and direct and report up the chain of command. • Receive all Security Incident Reports from security guard personnel during their shifts. Supervisors will also submit Security Incident Reports detailing their involvement in any incidents. Supervisors will review each report for completeness and readability. • Make random security checks on security personnel to monitor performance and appearance, and on sites to ensure contract performance. • Monitor the performance and appearance of all staff members. • The Field Supervisor and Account Manager may be the same person. 1. Removal / Replacement of Contractor Employees CITY reserves the right to require that CONTRACTOR remove any employee from service to the CITY under this contract upon a determination that the individual is not qualified for either suitability or security reasons, or is found to be unfit for the performance of duties. Any employee that has been removed at the CITY's direction may still be employed by CONTRACTOR for other work not involving the CITY. CONTRACTOR shall bear full financial responsibility for costs when removal/replacement is necessary as determined by the CITY. 2. Required Equipment All expenses relating to the supply, maintenance, upkeep, and repair/replacement of the equipment are CONTRACTOR's responsibility. CONTRACTOR shall furnish all labor, equipment, materials, and supplies to satisfactorily perform protection and patrol services. I. Identification Badge: Picture identification badge with pertinent employee and CONTRACTOR information shall be provided. Each guard must have an authorized Identification Badge before being admitted to the premises. II. Personal Equipment: Flashlights, batteries, and replacement parts, and inclement weather clothing shall be provided as required. III. Communication Equipment: All guards must be equipped with radios or phones capable of communicating with other guards who are elsewhere on site, if applicable, the service provider's dispatch center, and CITY representatives. IV. Sweep Verification Equipment: The CITY shall receive daily verification of hourly sweeps performed by CONTRACTOR employees. A key and clock or magnetic card technology system, or equivalent system (i.e. mobile phone app with location scanning), must be provided in order to verify the hourly sweeps. V. Motorized Cart: CONTRACTOR shall be responsible to provide a motorized cart - style vehicle (electric only) to be used for patrolling purposes. CONTRACTOR must ensure proper maintenance, storage and/or charging of vehicle, and proper training of said vehicle among its employees. VI. Bicycle: CONTRACTOR shall be responsible to provide a bicycle and helmets to be used for patrolling purposes. CONTRACTOR must ensure proper maintenance, storage and proper training of said bicycle among its employees. VII. Digital Cameras: All guards must be equipped with devices capable of producing acceptable -quality photographs for incident reporting purposes. VIII. Body Cameras: All guards must be equipped with a device capable of video recording guard interactions; the device will be mounted to their chest while patrolling, and should be turned on during incident investigation and/or security guard interactions. IX. Non -permitted Weapons: Possession of lethal weapons by guards is prohibited. Guards carrying batons or chemical agents must have a valid certification issued by the State of California and have the certification in their possession at all times while on duty and provide the same to the event attendant or site manager prior to starting a shift. CONTRACTOR shall repair and/or replace broken, defective or malfunctioning equipment, whether such equipment is in active use or is being used as a backup, within a reasonable time after the need for such repair and/or replacement is discovered. 3. Trainine Requirements Contractor Provided CONTRACTOR must provide appropriate training to employees prior to the start of service and must maintain its on-going training program throughout the term of the agreement to ensure competent work performance. CONTRACTOR must submit training documentation for each employee, upon request. To ensure that the employee can carry out required duties, examples of training may include: ■ Legal Aspects of Security • First Aid • Fire prevention, control and suppression; use of fire extinguisher • Hygiene practices • Hazard communication • Patrol Techniques • Security guard safety • Crime Prevention • Traffic control • Non -confrontational/ "de-escalation" communication techniques. As a part of its proposal, CONTRACTOR shall identify the training courses given to security guards. The CITY reserves the right to audit CONTRACTOR's training records. CONTRACTOR shall: • Maintain files/reports for security -related documentation. • Assist CITY personnel and transit operations staff in emergency situations to include, but not be limited to: special events, crowd control, service interruptions, collisions, fire/life safety incidents, etc. • Provide data and/or reporting of incident events for programs, events or plans that support CITY safety and security objectives. • Provide information as required for reports, criminal trending, calls for service and actions taken on any electronic citation device (devices provided). • Maintain standards of conduct, which includes but is not limited to: discipline, excellent professional appearance, professional demeanor, integrity, and attention to duty among CONTRACTOR employees. • Require the security personnel to proactively practice CITY expected conduct, CITY security policies, procedures and orders. • Act as the agent for the CITY to enforce their published policies and rules. CONTRACTOR will request the assistance of local law enforcement for removal of individuals from the properties when they fail to abide by CITY policies and rules as well as civil and criminal code violations. • Notify law enforcement of any illegal or unauthorized activity as observed. • Provide documented account of all activity witnessed and assist law enforcement as required. Ensure that prompt action is taken to address security incidents and, to the extent observed, accidents, fire, property damage and safety hazards. Reporting CONTRACTOR will provide comprehensive reports and data to the Contract Representatives for the purpose of evaluating the quality and appropriate deployment of security services. Such reports include: • Daily Activity Report — Detailing notable security -related occurrences, including verification of hourly sweeps • Incident Report — Detailing significant security -related occurrences; including security and criminal activities, abandoned vehicle information, homeless graffiti, homeless incidents. Provide photographs when appropriate. • Maintenance Issue Report — Detailing observed facility issues including vandalism to structure or facilities, abandoned property, tampering with facility controls, utilities, and any other appurtenances; including photographs when appropriate. May be included in Daily Activity Reports. • Once monthly, CONTRACTOR will submit a comprehensive report on the previous month's activities. This report will contain field supervisor's weekly inspection reports, supervisory review reports, alarm response incidents, a complete listing of incident reports, a complete listing of facilities maintenance issues reported, staff training, staff turn -over statistics, and emerging or continuing challenges or issues. The Account Manager will be available to meet and discuss incident reports, employee performance, billing questions, and other security issues on an as needed, or regularly scheduled, basis as requested by the CITY. Reports shall be provided to the CITY in a timely manner; no later than 24 hour from day's end daily activity reports, and within a business day for security incident reports. II. Duty Assignments Contractor shall record all duty assignments, in a format approved by the CITY ensuring that the following information is captured: • Employee start/end date and time • Post/duty performance • Employee brief/relief periods • Supervisory review/inspections • Signature/print of subject employee • Signature/print of certifying official III. Personnel Changes and Substitute Personnel Substitute personnel shall be equal in qualifications to regularly assigned personnel. CONTRACTOR shall provide guards at fixed posts with fully trained and qualified replacements to allow for comfort, personal needs, stress, meals, or other required or requested absences from post. CONTRACTOR shall provide break relief personnel at no additional charge. All costs associated with this requirement shall be included in the contracted unit rates. CONTRACTOR shall have the ability to respond to both permanent and temporary changes in staffing or number of posts in the time frame required by the CITY. Verbal notice may be given, when necessary, but will be followed with written notice (see section "3. Locations & Service"). 4. Recruitment Responsibilities CONTRACTOR shall maintain an active personnel screening, recruitment, selection, and retention program to provide sufficient personnel to fill the positions at all posts identified. This program shall aim to deter employee attrition and promote stability in the work force, being sufficient to keep abreast of attrition and shall be an adjunct to the management and training programs. Minimum Qualifications of Assigned Guards: Qualifications include: • Must be 21 years of age or older. • May have no felony convictions. • Must clear background check. • Must be fluent in English and be able to communicate with the general public in a face-to-face setting or by telephone. • Must be literate in the English language to the extent of reading and understanding printed regulations, written orders and instructions, training instructions, and be able to compose reports which convey complete information. • Must be physically capable of operating motor vehicles safely, and possess a valid driver's license. • Must be mentally alert and capable of making decisions in accordance with rules, regulations and policies. • Must be able to observe behaviors and report details accurately. • Must be able to remain in a standing or sitting position for extended periods of time and be able to travel on foot across rough, uneven or rocky surfaces. • Must be able to work in a variety of weather conditions with exposure to the elements. • Must maintain a level of physical fitness necessary to climb stairs or ladders, and lift and/or move objects weighing up to 50 pounds. Must be physically capable of performing foot patrols and remaining vigilant and active while on duty. Secures Guard Duties and Responsibilities The duties below are subject to change and shall be enumerated in full detail post - contract award, during orientation, and through post orders: III. General Duty Requirements Security Guards shall: • Carry their certification identification card at the job site. • Ensure compliance with post order procedures and guidelines. • Keep the work area free of obstacles and debris. • Observe and report suspicious activities/persons by contacting 911 in emergencies or for crimes in progress or Lodi Police Department non -emergency line for non - emergencies. In the event of a violation, the guard shall call the appropriate law enforcement agency and, if appropriate, notify the Contract Representative and/or complete necessary reports. • Summon medical assistance as appropriate. • Account for all security badges, keys and locks. Keys shall not be duplicated. o If a security guard employee loses or duplicates a key without authority, the CITY may require suspension or removal of the individual from the contract. o If the security of keys or lock system has been compromised by the actions of the security guard, the lock or system shall be replaced in total or in part by the CITY, and all costs for such replacements shall be borne by CONTRACTOR. • Provide security during special events and emergency situations to protect facilities, employees, properties, and visitors. Security support shall also be provided during investigations of violations of Federal, State, and local laws that appear to pose threats to the security and safety of any facility or personnel. • Follow any CITY provided specific protocols. • Follow CONTRACTOR provided site-specific protocols. • Perform other specific duties as assigned by the Contract Representatives. • Have a general understanding of counter -terrorism measures and behavior assessment. Report any and all incidents relating to possible or suspected threats to CITY. • Know how to operate a radio, telephone, or equivalent communication device to dispatch and respond to security incidents and alarms. ■ Conduct preliminary and follow-up investigations on incidents or complaints IV. Patrols and Sweeps Security Guards shall: • Walk, bike or use a motorized cart in the supervision of the CITY sites as needed or permitted. • Monitor building security parameters and report non-compliance of rules and regulations, taking appropriate actions in accordance to post orders. • Conduct security inspections to ensure the protection of property, building security and fire and safety hazards. • Conduct hourly scheduled and/or unscheduled security inspections of property and facilities within the purview of this contract. • Utilize the surveillance system described in `Scope of Work,' to proactively search for suspicious activity and/or people, and act on surveilled instances when necessary. • Deviate from prescribed schedules covering patrol routes whenever unusual conditions or circumstances so demand. Such deviations and the reasons therefore are to be recorded in the daily reports. V. Customer Service Requirements Security Guards shall: • Demonstrate a professional attitude at all times and be fully prepared to work at designated times in assigned post areas. Guards must appear professional and must be approachable, calm, energetic, pleasant and polite. Provide personalized service when appropriate to meet customer needs. • Communicate effectively and maintain eye contact and check for the customer's understanding; i.e., ask questions. The guard must be able to assist any special needs customers and CITY employees. • The guard should be discrete, offer a solution and follow through when problems arise. The guard should remain calm, show an understanding for the customer's situation and notify a supervisor or management personnel when necessary to keep a situation from escalating. • All security guard personnel must be fully trained to provide customer assistance and provide clear and accurate information on request. • Be courteous, professional and informative when interacting with the public, CITY personnel, contractors and vendors. • Not accept gratuities and/or gifts, such as money, lunches, or free items. • Speak clearly and concisely when reporting situations on the radio. VI. Reporting Requirements. Security Guards shall: Immediately report any confrontations, security -related issues, or safety concerns. Report potentially hazardous conditions in buildings or areas and items in need of repair, e.g. inoperative locks, broken fences, barrier damage, lighting and landscaping deficiencies, and any other potentially dangerous situation. CONTRACTOR shall immediately follow up with written reports and log entries. Create written incident reports, independent from the police report, of intrusion, fire, theft, vandalism, disruptive behavior, criminal behavior, persons requiring emergency assistance, security breaches, unauthorized entry by any persons known or unknown, conditions which may be a hazard to the health or safety of employees or visitors, surveillance being conducted, or suspicious activity. Incident reports shall list all pertinent facts, including damage to property (with photographs), or the observation of any unusual or suspicious activities, and immediate appropriate action taken to address the issue. Incident reports must be submitted to CITY project representatives within 12 hours after incident occurrence. Maintain a written record of all checks performed; include time, date and name of the guard performing the checks. Maintain a duty log of activities or incidents that require action at a station or post. Separate additional reports shall be prepared on accidents, injuries, fires, bomb threats and all other unlawful acts, security violations, or any other unusual incidents or events using the prescribed paperwork. Ensure that all reports and other documents (i.e. event reports, logs, accident reports, and report of investigations), are written clearly, legibly and accurately. All reports and documents are the property of the CITY. VII. Security Guard Appearance A professional appearance is required of all security guards and considered a major asset of any private security company. The CITY prides itself in having a highly motivated, customer service-oriented and professional staff to maintain security at its public transit locations. Any contracted entity must provide this quality of seamless service and will be highly scrutinized. Guards shall not be permitted to read unauthorized material in public view. No personal phone calls will be permitted except in an emergency. VIII. Attire • A CONTRACTOR -issued uniform is required; uniforms are to be of good fit, clean pressed and kept in good repair and condition. • The CITY will have authority to approve all guard uniforms prior to wear. No unauthorized uniforms or accessories are permitted. Uniform items that resemble any component of Lodi Police Department uniforms will not be approved. • Shirts/blouses shall be of solid color with shoulder or breast pocket identification patches not less than two (2) inches that include company logo and name • All outer uniform shirts will be worn with a corresponding crew or v -neck t -shirt so as not to contrast with the outer shirt (i.e. no black or navy blue undershirts under a white uniform shirt). • All shirts shall be tucked in. • All guard personnel performing under this contract shall wear the same color and style uniform. • No guard may enter on duty until he/she has a complete uniform which meets the requirements stated above. • Any necklaces worn will be conservative and will not be worn on the outside of the uniform shirt. • Full-length slacks shall be of a solid color. • Hats are not required, but may be worn if provided by CONTRACTOR and consistent in color, style and logo design of CONTRACTOR. Such hats will be worn appropriately on the head, facing forward. No personally owned hats will be worn. Footwearwill be black, laced or zipped, shined and in good repair/condition. Sandals are not allowed. Socks will be color appropriate with the uniform but not white. • Rain gear and/or jackets with the designated logo may be worn but must match existing uniform. IX. Hygiene • All guard personnel shall, at all times while on duty, be neat in dress and use proper hygiene. No smoking, chewing tobacco, or uses of any tobacco products of any kind are permitted while on duty. • Facial hair if kept in a clean and trimmed manner acceptable to the CITY. • Body odor shall be controlled so as not to be offensive. • Proper oral hygiene shall be used. • Face and body shall be clean and kept free or dirt. • Make up and nails shall be kept neat and conservative. X. Professional Conduct CONTRACTOR shall ensure the highest standards of employee competency, conduct, cleanliness, appearance, and integrity are maintained. Assignments shall be performed in accordance with prescribed regulations as well as in a safe and secure manner. Contract personnel are subject to all Federal, State, and local laws in the jurisdiction in which they are performing services. The CITY reserves the right to direct the removal of any security guard determined to be in non-compliance with requirements and CONTRACTOR shall bear full financial responsibility. A determination to remove may be made as a result of violations of post orders, delinquency, or any of the following acts of misconduct with the provisions of section "5. Removal Y Replacement of Contractor Employees." • Failing to demonstrate courtesy and good manners. • Unauthorized use of CITY property inclusive of computers, communication equipment, telephones or radios, automobiles, or any other CITY property. • Unauthorized reproduction or recording of CITY property inclusive, but not limited to, surveillance camera footage and security reports. • Falsifying or unlawfully concealing, removing, mutilating or destroying any official documents, records, badges, keys, or concealing material facts by intentional omission from official documents or records. Entertaining, socializing or entering into business arrangements with, or giving legal advice to persons while on CITY property. • Recommending an attorney or medical practitioner for any matter or incident involving actions occurring on CITY property. • Disclosing any official information to include duties or responsibilities under this contract, or writing, or distributing any news or press releases without expressed written permission from the CITY. • Engaging in inappropriate discussions concerning internal matters, policies, grievances legal issues, or personalities, or financial, personal, or family matters with CITY employees, the public, or any known associate of the above, except as authorized by law. • Disclosure of duty assignment(s) or security related issues without the express approval of the CITY. • Neglecting duties by sleeping while on duty, failing to devote full time and attention to assigned duties, unreasonably delaying or failing to carry out assigned task, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the work site security, or any other act, that constitutes neglect of duties. • Failing to remain on duty until properly relieved or deserting a duty post. • Displaying disorderly or immoral conduct, e.g. using abusive or offensive language, quarreling, intimidating by words or actions, fighting or participating in disruptive activities. • Gambling or unlawfully wagering or promoting gambling. • Accepting gratuities and/or gifts, such as money, lunches, or free items • Using uniform, uniform or security badge and/or other identification for other than official business while on or off duty. • Unethical or improper use of official authority identification or credentials e.g. badges, passes and other document providing special access or privileges. • Knowingly giving false or misleading statements or concealing material facts in connection with official reports, records, investigations, or about other contract employees/officials, the general public and CITY employees. • Involvement in any form of discrimination or sexual harassment Failing or delaying (without justifiable cause) to carry out a proper order of a Contract Representative Eating, smoking, drinking, or taking breaks in any location except those designated as authorized break areas. Possession of a weapon while on duty, unless carrying valid certification issued by the State of California. City Hall Campus Provide one (1) security guard for coverage of the City Hall Campus during the following hours, except for major holidays in which City Hall and the Finance Department are closed: Monday 7:00 a.m. — 6:00 p.m. Tuesday 6:30 a.m. — 6:00 p.m. Wednesday 7:00 a.m. — 6:00 p.m.* Thursday 7:00 a.m. — 6:00 p.m. Friday 1 7:30 a.m. — 5:30 p.m. *Wednesday hours will be extended from 6:00 pm — 9:00 pm on the 1" and 3`d Wednesday of each month. Hutchins Street Sauare Provide certified security guard(s) for coverage of the Hutchins Street Square (HSS) as needed for special events in which those hours will be requested in advance: 1. Guard arrival times are %: hour before events, except for theatre events which arrival time is 1 hour before event. Guards are expected to display a professional image and manner at all times while on duty. Consistent with this is the expectation that guards will be alert to their surroundings at all times while on duty and will not be engaged in any activities that distract them (i.e. reading, eating, smoking, etc.) from the performance of their assigned duties. The guards are expected to remain onsite during meal breaks or be relieved by another guard during his or her meal break. Breaks shall be reported to HSS event attendant prior to onset. Eating and smoking shall occur in designated areas only. Area of security service shall include back of sidewalk encompassed by 4 streets surrounding HSS: Hutchins, Rose, Walnut and Oak Streets. HSS will be patrolled on foot. The guard(s) will be required to perform security sweeps of the parking lots and perimeters of HSS Community Center as directed for the event. In addition to the security sweeps, upon arrival to HSS Community Center, the guard(s) will report to check in with the event 11attendant for site placement, depending on event requirements. Security guard(s) will patrol all parking lots as required by onsite manager or event attendant. 3. Guards shall make available, at anytime while on duty, their security guard cards. Guards shall be expected to present cards to members of the Lodi Police Department or designated City of Lodi employees on demand. Failure to produce a valid security guard card shall be grounds for termination of the contract. Service provider will contact onsite manager or event attendant immediately on issues that arise during supervision, and must advise HSS employee if/when Lodi Police Department and/or Lodi Fire Department is onsite. An incident report must be completed and submitted. Guards must have a cellular phone for communication with the Lodi Police or other departments/individuals provided by the service provider. No personal media players will be allowed to be used by any security personnel while on duty. Security guard(s) will patrol areas as specified by onsite manager or event attendant via radio issued by HSS facility staff. Lodi Public Library One guard shall be placed at the Lodi Public Library, located at 201 W. Locust Street, Lodi, California during the hours of service as listed below and are restricted to the geographical boundaries of the Lodi Public Library: Sunday 10:00 a.m. — 2:00 p.m. Monday 10:00 a.m. — 6:00 p.m. Tuesday 10:00 a.m. — 6:00 p.m. Wednesday 10:00 a.m. — 6:00 p.m. Thursday 12:00 p.m. — 8:00 p.m. Friday CLOSED Saturday f 10:00 a.m. — 5:00 p.m. Additionally, the Lodi Public Library will be closed on the following days per calendar year: New Year's Eve, December 31 New Year's Day, January 1 Martin Luther King Jr. Day President's Day Memorial Day Easter Sunday Lodi Street Fair (a Sunday in May) Juneteenth, June 19 4th of July Labor Day Lodi Street Fair (a Sunday in October) Thanksgiving Day The day after Thanksgiving. Day Christmas Eve, December 24 (close at noon) Christmas Day, December 25 **Lodi Public Library will possibly closed a couple of times per year for library fundraisers —in the event that this happens, the City of Lodi will request a security guard on site one hour before the special event and up to 30 minutes after the event. Advanced notice will be provided. The Security Officer will be a certified Security Officer equipped with a cellular phone, an Al uniform and an Al identification badge to safeguard the property of the Library, its employees and patrons and shall do the following: • Enforce the Library Behavior Policy • Patrol the complex grounds by foot during contracted hours • Protect against vandalism, theft, or any acts of aggression toward the buildings and surrounding property, the personal property of the tenants and employees, and the tenants' and employees physical well-being • Challenge any intruder suspected of the above acts and notify the local authorities for assistance. Transit Station and Parking Structures The Lodi Transit Station (24 S. Sacramento St.) functions as a central hub for passenger boarding and transit operations. The Station includes three (3) main buildings: the North Annex (dispatcher's office), Transit Station Lobby (ticketing window, public seating, and bathrooms), and the South Annex Clock Tower (bus driver breakroom). The station additionally includes an island -style bus stop area, gated bus parking area, passenger rail platform, and a small parking lot. The Lodi Transit Station Parking Structure (50 N. Sacramento St.), located adjacent to the Lodi Transit Station, is a three level, 330 - space structure that provides free parking for transit users, shoppers, tourists, and other travelers to the downtown area. The aforementioned areas are covered by a 46 -camera surveillance system viewable at the guardroom computer. Service is to include security coverage at CITY transit sites on weekdays and weekends, 24 hours a day, 365 days per year (366 when applicable), including all holidays. A security officer shall be on duty 24 hours a day on weekdays and weekends. The security officers are expected to remain onsite during lunch or be relieved by another security officer during his or her lunch. Total Contract Not -to -Exceed $1,599,000 EX"IBIT B AI Protective Services, LLC 11060 White Rock Rd. Suite 280 Rancho Cordova, CA 95670 Phone: (916) 421-3000 Fax: (916) 421-3700 CITY OF LODI SECURITY SERVICES 2023 SCHEDULE OF PROFESSIONAL FEES Proposed Budget —1St Year Location No. of Days of the Total Annual Price per Total Annual Guards Week Hours Hour Cost City Hall Campus 1 Mon. — Fri. 2,785 $ 30.57 $ 85,137.45 Lodi Public Library 1 Sun. — Sat. 2,148 $ 30.57 $ 65,664.36 Lodi Transit Station and 1 Sun. -- Sat. 8,736 $ 30.57 $ 267,059.52 Parking Structures Hutchins Street Square As Needed $ 30.57 (As Needed Services) Any hours worked on Observed Holidays will be billed at the Holiday Rate of time and a half of the regular rate. Proposed Budget — 2"d Year Location No. of Days of the Total Annual Price per Total Annual Guards Week Hours Hour Cost City Hall Campus 1 1 Mon. -- Fri. Sun. — Sat. 2,785 2,148 $ 32.01 $ 32.01 $ 89,147.85 $ 68,757.48 Lodi Public Library Lodi Transit Station and 1 Sun. — Sat. 8,736 $ 279,639.36 $ 32.01 Parking Structures As Needed $ 32.01 Hutchins Street Square (As Needed Services) Any hours worked on Observed Holidays will be billed at the Holiday Rate of time and a half of the regular rate. Al Protective Services, LLC 11060 White Rock Rel, Suite 280 Rancho Cordova, CA 95670 Phone: (916) 421-3000 Fax: (916) 421-3700 CITY OF LODI SECURITY SERVICES 2023 SCHEDULE OF PROFESSIONAL FEES 'roposed Budget — 3`0 Year _ _ T _ Location No. of Days of the Total Annual Price per otal Annual Guards Week _ Hours Hour Cost City Hall Campus 1 Mon. — Fri. ' 2,785 $ 33.37 $ 92,935.45 Lodi Public Library 1 Sun. — Sat. 2,148 $ 33.37 $ 71,678.76 Lodi Transit Station and 1 Sun. — Sat. 8,736 $ 33.37 $ 291,520.32 Parking Structures Hutchins Street Square As Needed $ 33.37 (As Needed Services) Any hours worked on Observed Holidays will be billed at the Holiday Rate of time and a half of the regular rate. Security Services Expenses Year 1 Year 2 Year 3 Total by Site Total Contract Nat -To -Exceed (3yrs) $ 1,599,000 HSS I T51it Library City Hall $ 62,000 $ 272,000 $ 80,000 $ 100,000 $ 65,000 $ 285,000 $ 84,000 $ 100,000 $ 67,000 $ 297,000 $ 87,000 $ 100,000 $ 294,0001 $ 854,000 1 $ 251,000 1 $ 300,000 Total Contract Nat -To -Exceed (3yrs) $ 1,599,000 EXHIBIT C NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Most Contracts L,Not construction or requiring professional liability) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subro ation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 oft pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 EXHIBIT D Project: Name: CITY OF LODI SECURITY SERVICES 2023 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 2. The certffication in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, City of Lodi may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to City of Lodi if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "persons," 'lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291. You may contact City of Lodi for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by City of Lodi. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, City of Lodi may pursue available remedies including suspension and/or debarment. 10. The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Debarment, Suspension, and Other Responsibility Matters Page 2 11. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. IGNATU DATE _�C) f TITLE r.�C46-Y" COMPANY NAMEAI` i�� CERTIFICATION OF RESTRICTIONS ON LOBBYING FOR FEDERAL - AID CONTRACTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBCONTRACTORs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] ` J The CQNTRACTORALt�'birC`i�,t,lr-�(' rtiffes or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONTRACTOR unde,�sf-Ands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this pe f]c�ati and dis insure, if any. p. — 1CTOR'S Authorized Official Vamp and T tle of CONTRACTOR'S Authorized Official '9 A� i �f� SECURITY SERVICES 2023 ATTACHMENT F City of Lodi Federal Clauses for Federal Transit (FTA) Procurements Project Name: CITY OF LODI SECURITY SERVICES 2023 ALL CLAUSES & CERTIFICATIONS HEREINAFTER ARE PROVIDED FOR PROCUREMENTS (AS APPLICABLE) INVOLVING FTA ASSISTANCE, IN COMPLIANCE WITH FTA REGULATIONS, AND MAINTAINED FOR FTA REVIEWS Acknowledgement of Applicable Federal Clauses By signing below, I hereby acknowledge that I have read, understand and agree to the terms of the Federal Clauses provided in this document. ; DATE SIGNATURE COMPANY NAME _ j � l� V'() I&E-- IV1- ,1 V WL1: 1= TITLE4%'� FH Revised 2/23/2023 { RESOLUTION NO. 2023-91 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH FIVE OPTIONAL ONE-YEAR EXTENSIONS WITH Al PROTECTIVE SERVICES, LLC, OF RANCHO CORDOVA, FOR SECURITY SERVICES WHEREAS, the City requires security services that are currently provided at the City Hall Complex, Hutchins Street Square, Lodi Public Library, and the Transit Station and Parking Structure to help ensure the safety of facilities, staff, properties and visitors; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Al Protective Services, LLC, of Rancho Cordova, for security services, in an amount not to exceed $1,599,000 for a three-year contract through June 30, 2025, with five optional one-year extensions. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three-year Professional Services Agreement with Al Protective Services, LLC, of Rancho Cordova, California, for security services, in an amount not to exceed $1,599,000 through June 30, 2025; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute up to five one-year extensions, if it is in the best interest of the City of Lodi; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: May 17, 2023 I hereby certify that Resolution No. 2023-91 as passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None 4�--e�� (1?7. Lla-� PAMELA M. FARRIS Assistant City Clerk 2023-91