Loading...
HomeMy WebLinkAboutReso. 1989-361 - Approving the agreement between the city of redding and crabtree security I . S RESOLUTION NO. 89-361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND CRABTREE SECURITY AGENCY TO PERFORM SECURITY SERVICES AT THE DOWNTOWN REDDING MALL FOR THE PERIOD NOVEMBER 1 , 1989 , THROUGH OCTOBER 31 , 1990 , AND AUTHORIZING THE MAYOR TO SIGN. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Crabtree Security Agency to provide security services at the Downtown Redding Mall for the period November 1 , 1989 , through October 31 , 1990 , a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the ' City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on said Agreement when appropriate. 3 . That the City Manager of the City of Redding is hereby authorized and directed to sign all future amendments to said Agreement, if any, on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the ov '.9 � 1 W 1 'I I • ' I signature of the City Manager and to impress the official seal of the City of Redding on said amendments, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of October , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Buffum, Dahl , Fulton, Johannessen, & Carter NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None , I ABSTAIN: COUNCIL MEMBERS : None __2d2A0'/ d;4V2t SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk ORM +'PROVED: RAhDALL A. HAYS , C ' y Attorney -2- , 410 III AGREEMENT THIS AGREEMENT is made and entered into this 9 day of October, 1989 , by and between the CITY OF REDDING, a Municipal Corporation, of 760 Parkview Avenue, Redding, California 96001- 3396 , hereinafter called "City, " and CRABTREE SECURITY AGENCY, of Post Office Box 493899 , Redding, California 96049 , hereinafter called "Contractor, " who agree as follows: WITNESSETH: 1 . Contractor covenants and agrees to perform security services for City at the Downtown Redding Mall in accordance with the "City of Redding Purchasing Department Specifications/General Conditions for Furnishing Security, Downtown Redding Mall (Schedule Number 2229) , " attached hereto and incorporated herein by reference, and upon the terms and conditions and for the compensation set forth below. 2 . Contractor agrees that said services shall be performed in accordance with the attached Specifications and General Conditions and to the satisfaction of the Director of General Services and the Chief of Police of City, and that failure to do so shall constitute a material breach of this contract and grounds for the cancellation of this contract by City as herein- after provided. 3 . During the term of this Agreement, City agrees to pay Contractor for work performed, in consideration of the services to be effected in accordance with the provisions of paragraphs 1 and 2 above, at a straight-time rate of Seven and 79/100 Dollars ($7 .79) per hour, and time-and-one-half per hour for overtime. Overtime is defined on page 2 of the attached Specifications . 4 . The term of this Agreement shall be one (1) year, commencing November 1 , 1989 , and terminating October 31 , 1990 . 5 . This Agreement is entered into upon the express condition that City shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with Contractor' s services to be provided under this Agreement, including claims of Contractor, its officers, agents, and employees. Contractor shall indemnify and save harmless City, its officers, agents, and employees, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of Contractor or its officers, agents, and employees. 6 . It is understood and agreed as a condition of this Agreement that Contractor shall, at its own expense, obtain from a company authorized to do business in the State of California, and keep in full force and effect, comprehensive general liability insurance in an amount of not less than $500 ,000 .00 combined single limits . The policy covering said insurance coverage shall name City, its officers, agents , and employees , as additional insured, and shall further contain a provision obligating the insurance carrier to notify City in writing at i I -2- 11 least ten (10) days prior to any cancellation or reduction of such insurance . A Certificate of Insurance evidencing such coverage and notice requirement shall be appro7ed by City' s Risk Manager and filed with him prior to the commencement of services under this Agreement. 7 . It is further understood and agreed as a condition of this Agreement that Contractor will provide workers' compensation insurance on its employees, meeting the minimum requirements of the California Labor Code, and obligating the insurance carrier to notify City in writing at least ten (10) days prior to any cancellation or reduction of such insurance coverage. Contractor shall furnish the Risk Manager of City with a Certificate evidencing such insurance, to be approved by him and filed with him prior to the commencement of services under this Agreement. 8 . In carrying out the services to be performed under this Agreement, it is understood and agreed that Contractor is acting � I as an independent contractor, and not as an employee of City. 9 . This Agreement may be terminated at any time by either party upon thirty (30) days' prior written notice to the other party. 10 . Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly .'. en when made in writing, enclosed in a sealed envelope , and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To City c/o City Manager, -3- • • 760 Parkview Avenue, Redding, California 96 ''1-3396; and to Contractor at Post Office Box 493894 , Redding, California 96049 . 11 . Future amendments to this Agreement, if any, may be executed by the City Manager of City. 12 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have set their hands in the presence of their respective Officers duly authorized in that behalf on the day and year first above written. CITY OF REDDING Ij By: SCOTT CARTER, Mayor CRABTREE SECURITY AGENCY By: is�„ ' BEATRICE ORE F Qualified Manager ATTEST: ETHEL A. NICHOLS, City Clerk FC _M APPROVED: RANDALL A. HAYS, City Attorney -4- f f CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS For Furnishing SECURITY SERVICES DOWNTOWN REDDING MALL PAGE 1 Services shall be performed to the satisfaction of the Director of General Services and the Chief of Police. Failure to perform the security services in accordance with the proposal, specifications and to the satisfaction of the Director of General Service and the Chief of Police of the City of Redding shall be grounds for cancellation by the City of Redding . Security service shall provide such security services for a term of one Year. Security service will hold City harmless from any claims for damages of any kind whatsoever by any person occasioned by security personnel 's activities at the Downtown Redding Mall . Security personnel will be on duty and provide patrol and surveillance services or any other duties the Director of General Services or Chief of Police of the City of Redding feel are appropriate throughout the Downtown Reddirg Mall seven (7) days per week with one uniformed officer, Monday through Friday, 6: 00 P .M. to 10:00 P.M. , Saturday, 3 : 00 P.M. 7 :00 P.M. and Sunday 1:OC P.M. to 5:00 P.M. (not to exceed eight hours per officer unless an emergency exists) . Hours may be increased or reduced at the City' s discretion with 30 days notice to the contractor. Security personnel will maintain two-way radio contact with their headquarters and will be equipped with radios having the capability to conduct two-way conversations with the Redding Police Department and/or other law enforcement agencies. In_ the event that security personnel need assistance due to an inability to handle a situation, requests for assistance from the Redding Police Department will be made by two-way radio in accordance with policy to be established between the contractor and the Redding Police Department. All personnel to be employed by the contract security force must r,ect specific requirements established uv the Redding Police Department prior to assignment to the Downtown Redding Mall . Security personnel must have completed the following training: I • • ! CITY OF REDDING--SPECIFICATIONS--SECtIRITY SERVICES DCYWN=OWN REDDING MAUL PAGE 2 1 . Possess a certification of completion from the Department of Consumer Affairs that the security person is qualified in the use of firearms, baton, and chemical agents. 2 . Possess a certificate of completion demonstrating that the security person has successfully met the training requirements of California Penal Code Section 832 in the carrying and use of firearms. 3 . Security personnel must be identifiable by a uniform and badge, nd be armed with a firearm he is authorized to wear and use. (FAR 107 . 17 (a) (2) and (3) . 4 . Contract security agency will provide annual proof to the Chief of Police that continued training has been provided to those personnel who are assigned to the contract area. This certification will consist of re-qualification training in the use of the baton, duty firearm, and chemical agents if they are issued. Failure to meet any of the above training criteria can result in termination of contract. � ! F . Contract security agency must provide to the Chief of Police a copy of the pre-employment background investigation of each employee assigned to work in the Downtown Redding Mall . The Chief of Police may reject any such employee if • in his sole judgement the person is not suitable for the , I position. The City of Redding shall pay security service for work performed per hour at the straight time rate per hour and time and one-half per hour for overtime. Overtime is defined as time worked in excess of forty (40) hours per week or time worked on New Year' s Day, Easter, Memorial Day, July 4 , Labor Day Thanksgiving and Christmas. 1 Vendor shall keep legible, current, complete and accurate records supporting invoices rendered . Invoices shall be rendered monthly for payment and approved by the Director of General Services. Invcices are to be mailed to the City of Redding, Finance Department, 760 Parkview Avenue , Redding , CA 96001 . RIGS T OF CANCELLATION: Security service may be terminated at any time by either party upon thirty (30) days prior written notice to the other party. . • • • i • ' I CITY OF REDDING--SPECIFICATIONS--SECURITY SERVICES DOWNTOWN REDDING MALL PAGE 3 For an ON SITE INSPECTION contact Ron Masingale, Director of General Services, 916-225-4462 . FOP FURTHER TECHNICAL INFORMATION CONTACT: If Ron Masingale, Director of General Services, 916-225-4462 rl FOR FURTHER INFORMATION ON BID REQUIREMENTS CONTACT: Carolyn J. Roberts, Purchasing Officer, 916-225-4137 NOTE: If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his bid. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular bid. Where deviations are noted, the City reserves the right to accept a bid containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is to be acquired and such deviations result in a lesser total cost to the City for the subject item. I iI � I • • ii IMPORTANT PLEASE NOTE: BIDS WILL NOT BE CONSIDERED UNLESS : 1 . BID IS ACCOMPANIED BY PROPER BID SECURITY CONSISTING OF A CERTIFIED CHECK OR BID BOND IN THE AMOUNT OF $500.00 2. POWER OF ATTORNEY MUST BE ATTACHED TO BID BOND. 3 . SURETY'S SIGNATURE ON BID BOND MUST BE NOTARIZED. * (See Attached Sample) 4 . ORIGINAL DOCUMENTS MUST BE RECEIVED. 5. BID PROPOSAL MUST BE SIGNED. 6 . NO INITIALS - SIGNATURES SHOULD BE LEGIBLE. THE CITY OF REDDING • I11 • * -SAMPLE- State of Washington Cin September 20,1984 ,before me, the undersigned, ss. -a Notary Public of said county and state, personally appeared County of King Buff Nelson known to me to be the Attorney-in-Fact of Hartford Accident and Indemnity Company the Corporation that executed the within instrument,and known to me to be the person who executed the said instrument on behalf of the Corporation therein named,and acknowledged to • me that such Corporation executed the same. , ' • - • D34. . ). NOTARY PUB41Ce • • • • r1 I • • • NOTE: PLEASE SUBMIT BID ON ENCLOSED BID FORA" ONLY. FORWARD TO: CITY OF REDDING, CITY CLERK, 760 PARKVIEW AVENUE, REDDING, CA iI 96001-3396 . MAILING ENVELOPE IS TO BE CLEARLY MARKED ON THE OUTSIDE WITH THE FOLLOWING NOTATION: "BID ON SCHEDULE NO. ; OPENING AT DATE (Time, A.M. or P.M. ) I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Redding, California, hereinafter called the "City, " in the penal sum of Dollars ($ ) , lawful money of the United States, for the payment of which sum well and truly to be made , we bind ourselves , our heirs, executors , administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such that, whereas the Principal has submitted the accompanying bid, dated ,19 for furnishing, delivering and/or performing the contract For the City of Redding in accordance with Specifications attached hereto. NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein, after the opening of same, and shall , within the period specified therefor , enter into a written contract with the City in accordance with the bid as accepted, and give bond or bonds with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise to remain in full force an virtue. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of PRINCIPAL By SURETY 4 411 I, I GENERAL CONDITIONS FAGF 1 1 . DEFINITIONS: In these specifications the word "City, " means the City of Redding, California. The term "Bidder, " means the person, firm, or corporation submitting a bid on these specifications or on any part thereof. The term "Contractor, " means the person, firm, or corporation with whom the Contract is made by said City, or the agent or legal representative who may he appointed to represent such party, firm, or corporation in the execution of this Contract. The term "Engineer, " means the City Engineer of the City of Redding, acting either directly or through his personally appointed agents, such agents acting severally within the scope of the specific duties entrusted to them. 2. PROPOSALS: Bids, to receive consideration, shall be made in accordance with the following instructions: (a) Bids shall be made as indicated on the forms contained in the documents attached hereto and entitled "BID, " properly executed in ink, with all blank spaces filled in. The signatures of all persons signing the bid shall be in longhand. The completed Bid Form shall be without alterations or erasures and shall not be removed from this binding. Additional information may be submitted by the bidder on a separate sheet. (b) Each bid shall be accompanied by a certified check drawn on a bank authorized to do business in the State of California, payable at sight to the City of Redding in the amount of $500.00. Should the bidder choose to furnish a bid bond in lieu of a certified check, he shall execute the form of "Bid Bond" attached to the documents. The said bond shall be secured from a responsible surety company satisfactory to the City. The said check or bond shall be given as a guarantee that the bidder will enter into a Contract, if awarded to him, within thirty (30) days. In case of refusal or failure to enter into said Contract within it said time, the amount of the check or bond, as the case may be, shall be forfeited to the City, as liquidated damages. (c) Before submitting a bid, bidders should read the Specifications carefully and should inform themselves completely as to all existing conditions and limitations . The bid shall include the cost of all items necessary to complete the Contract. (d) Each proposal shall be enclosed in a sealed envelope addressed to the City Clerk of the City of Redding, City Hall , Fed ding , California 96001 . The cutside of the envelope shall be plainly marked with Bidder' s name and address and the Bid Schedule Number . (e) All bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be returned to the bidder unopened. 9 1 • •• . PAGE 2 3 . WITHDRAWAL OF BID: Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. 4 . INTERPRETATION: If a prospective bidder is in doubt as to the true meaning of any part of the "Notice Inviting Bids, " "General Conditions, " or the "Specifications, " or finds discrepancies in or omissions in the same, he may submit to the City a written request or an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be made only by addendum mailed or delivered to each person receiving a set of such documents. Such addendum shall be considered as part of the Contract. 5. AWARD OF CONTRACT OR REJECTION OF BIDS: The Contract will be awarded within sixty (60) days after the opening of bids. The City, however, reserves the right to reject any or all bids , or any part of any such bid, and to waive any informality in bids received, taking into consideration the ultimate economy to the City. 6. ASSIGNMENT OF CONTRACT: No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will he recognized by the City unless such assignment has had the prior approval of the said City and surety has been given due notice of such assignment in writing and has consented in writing. 4 7 . QUALIFICATIONS OF BIDDER: Only manufacturers or contractors of established reputations, or their duly authorized dealers or agent, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the Specifications, will be considered in making the award. The bidder shall furnish proof that he has in operation material similar in size and operating characteristics to the material he proposes to furnish herein. R. DELIVERY: The successful bidder shall delivery the items called for in 1 his bid free from any and all claims, debts , or demands whatsoever. 9 . CONTRACTOR' S SPECIFICATIONS: EACH BIDDER MUST ATTACH TO HIS PROPOSAL, AND MAKE A PART THELEOF , SPECIFICATIONS TO RE DESIGNATED AS "CONTRACTOR' S E"E:=FICATIONS , " WHICH MUST CONTAIN DETAILED DESCRIPTIONS AND G= E RAL DRAWINGS INCLUDING OVER-AL? DIMENSIONS , PHOTOGRAPHS OR CUTS OF THE EQUIPMENT AND APPURTENANCES WHICH THE BIDDER PROPOSES TO I FURNISH, AND OF THE MATERIALS TO RE USED IN THE CONSTRUCTION OF THE SAME . ONE SET OF THESE SHALL BE FURNISHED FOR EACH COPY OF THE PROPOSAL. • • PAGE 3 IN CASE THE "CONTRACTOR'S SPECIFICATIONS" CONFLICT IN AMY PARTICULAR WITH THE DETAIL SPECIFICATIONS OF TEE CITY, THE LATTER SHALL GOVERN IN DETERMINING THE POINT AT ISSUE. 10. ERRORS AND OMISSIONS: The Contractor will not be allowed to take advantage of any error or omission in the Specifications or in the "Contractor ' s Specifications. " Full instructions will always be given when such error or omission is discovered. 11 . DELIVERIES, DESTINATIONS, EXTENSION OF TIME: Deliveries shall be made as set forth in Detail Specifications. Delivery is defined as complete delivery in good order at place designated in Detail Specifications. Applications for extension of time beyond guaranteed completion time shall be made in writing to the City Engineer not less than seven (7) days from the beginning of any condition which will cause delay. Allowances will be made for delay of delivery due to strikes, fires , floods, or other causes clearly beyond the control of the Contractor. 12 . PATENT RIGHTS: The equipment to be furnished hereunder shall not, either in construction, manufacture , use, sale or other particular, infringe any letters patent heretofore granted, and the Contractor shall defend and pay the entire cost of defending any claim or suit wherever or wherever made or brought against the City based upon an infringement or alleged infringement of such letters patent, and shall indemnify and save harmless the said City from and against any and all liability, damage, loss or injury adjudged or sustained in any such claim or suit, or adjudged or sustained by reason of the equipment to be furnished hereunder constituting any. infringement of any letters patent, or adjudged or sustained by reason of inability of said City to use equipment because of any infringement or alleged infringement of any letter patent. 13. MATERIALS, WORKMANSHIP, AND DESIGN: All work must be done and completed in a thorough, workmanlike manner by mechanics skilled in their various trades, notwithstanding any omission from the Specifications. The Contractor shall be held to guarantee all material, apparatus, and ecuiDment to fulfill all requirements and special guarantees set forth in the Specifications. The fact that materials or equipment shall have been successfully tested and passed by the Engineer shall not relieve the Contractor of responsibility in case of later development of f_a i, or defects . . I q , 410 PAGE 4 14 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS: Whenever in the Specifications any material or process is indicated, or specified by patent or proprietary came or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the material or process desired and shall be deemed to be followed by the words "or equivalent" , and the Contractor may offer any material or process which shall be equal in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the Contractor is not equal in every respect to that specified; then the Contractor must furnish the material , process or article specified, or one that is the equal thereof in every respect. 15 . FEDERAL AND STATE TAXES: The prices bid shall include any Federal tax heretofore imposed by the Congress, which is applicable to the material to be li furnished. If any sales tax, processing tax, adjustment charge, or other taxes or charges are imposed or changed by the Congress after the date set for opening bids, and made applicable directly upon the production, manufacture or sale of the supplies to be furnished and are paid by the Contractor on the articles or supplies furnished, then the prices stated in the schedules will be increased or decreased accordingly, and amounts due the Contractor as the result of such chance will he charged to the City and added on vouchers (or invoices) as separate items . When, and if, the California Use Tax is required to be quoted as a separate item as indicated in the bid, the prices thus quoted by a bidder authorized or required to collect the Use Tax shall show as a separate item. The prices quoted by a bidder who is NOT authorized nor required to collect the California Use Tax shall not include tax, but bidder shall state that he is not authorized or required to collect the California Use Tax. 16. PREPARATION FOR SHIPMENT: The Contractor shall prepare all articles and materials for shipment in such a manner as to protect them from damage in transit, and shall be responsible for and repair all damaged parts or replace all losses incurred in transit to the designated delivery point. When necessary, heavy parts shall be mounted on skids or crated, and all articles or materials that might otherwise be lost shall be boxed or wired in bundles . All articles shall be plainly marked for identifications and destinaticr . The Contractor shall prepare proper commercial bills of ladir.c, three copies of which together with a complete shipping list , shall he sent to the Purchasing Department, City Hall , 760 Parkview Avenue , Redding, California 96001 . 17 . SHIPPING WEIGHTS: Each bidder shall state in his proposal the total shipping weight, listing and segregating the individual unit weights and shipping weights. • j • • • • PAGF E i 18 . FAILURE TO MEET GUARANTEES: Should the test of any material , apparatus , or equipment show that it does not meet the guarantees and requirements of the Specifications, the Contractor shall at once proceed to furnish the new parts as may be necessary to bring it up to requirements. All expenses of furnishing new parts, or alteration to existing parts, and of tests made necessary by such failure to meet the guarantees and other requirements of the Specifications shall be borne by the Contractor. The City reserves the right to continue the use or operation of defective material or equipment until satisfactory replacements or repairs have been made, provided that the period of such use II pending such corrections shall not exceed one year from date of delivery at designated place in Detail Specifications without the written consent of the Contractor. • 1 I I 1