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HomeMy WebLinkAboutReso. 1988-433 - Approving the agreement between the city of redding and crabtree security agency to perform security services RESOLUTION NO. 273! .. g.7 :3 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 , 1988 , THROUGH OCTOBER 31 , 1989 , 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 , 1988 , through October 31 , 1989 , 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 az tt ``' 4 110. 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 6th day of December, 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None K. ,MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FIRM 'ROVED: 1/i/ 444', RA BALL A. HAYS, Ci y Attorney -2- 410 AGREEMENT THIS AGREEMENT is made and entered into this 9th day of November, 1988 , 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" : WITNESSETH: The parties agree as follows: 1 . Contractor covenants and agrees to perform security services at the Downtown Redding Mall for City as set forth in the Specifications, General Conditions, and Bid attached hereto as Exhibit "A" and incorporated herein by reference, in accordance with said Exhibit A and the following terms and conditions, and for the following compensation. 2 . Contractor agrees that said services shall be performed to the satisfaction of City' s Director of General Services and Chief of Police, and that failure to perform the aforesaid security services, and to the satisfaction of said Director of General Services and Chief of Police, shall constitute a material breach of this Agreement, and grounds for the cancellation thereof by City as hereinafter provided. 3 . During the term of this Agreement, City agrees to pay Contractor, in consideration for the services to be performed in accordance with the provisions of paragraphs 1 and 2 above, at a straight-time rate of $7 .99 per hour for work performed, or • • time-and-one-half per hour for overtime. Overtime is defined in the Specifications attached hereto. 4 . The term of this Agreement shall be for one (1) year commencing on November 1 , 1988 , and terminating on October 31 , 1989 . 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 and keep in full force and effect the insurance coverages required in the General Conditions forming part of the Specifications attached hereto; and provide Certificates of Insurance evidencing such coverages and notice requirements to the Risk Manager of City, to be approved by him and filed in his office prior to the commencement of this Agreement. 7 . In providing its services, Contractor is acting as an independent contractor, and not as an employee of City. -2- 411 8 . This Agreement may be terminated at any time by either party upon thirty (30) days ' prior written notice to the other party. 9 . 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 given 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, 760 Parkview Avenue, Redding, California 96001-3396; and to Contractor at Post Office Box 493894 , Redding, California 96049 . 10 . Future amendments to this Agreement, if any, may be executed by the City Manager of City. 11 . 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 on the day and year first above written. CITY OF REDDING CRABTREE SECURITY AGENCY By: By: a h� - K. MAURICE JOHANNESSEN BEATRICE D. MOORE Mayor Qualified Manager ATTEST: FORM APPROVED: ETBEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney -3- • • BID For Furnishing SECURITY SERVICES DOWNTOWN REDDING MALL (Schedule Number 2070) PAGE 1 To: The City of Redding Carolyn J. Roberts, Purchasing Officer Date 5- 2-(f- re The undersigned Ceiti o l K,Z ( f',-LLua T`f 01G044.cy(Corporate Name of Bidder) agrees to furnish security services to the .City of Redding, Redding, California at the prices quoted below, in accordance with the specifications on file in the office of the Purchasing Department of the City of Redding; a copy of which is attached hereto and is hereby made a part of this proposal: SECURITY SERVICES: ITEM #1 Hourly rate, at straight time, per bid specifications: Rate Per Hour $ 7. / ,/ THE PRICES QUOTED HEREIN ARE FIRM FOR THE CONTRACT PERIOD AND ARE NOT SUBJECT TO CHANGE. It is understood that this bid shall remain open and shall not be withdrawn for a period of sixt for the opening of the bid. y (60) days from the date prescribed ExHI ,,i; IT i - • •' CITY OF REDDING--BID--SECURITY SERVICES--DOWNTOWN REDDING MALL PAGE 2 The required bid security consisting of a !! (Certified Check or Bid Bond) in the amount of $500.00 is hereto attached and is given as a guarantee that the undersigned will execute the contract in conformity with the bid documents, if awarded to him. Respectfully submitted, g Gov cfg 3 c ,615 >RFi 5crg ify (Mailing Address) (Corporate Name of Bidder) Kr fJN �o C//_ Lc, 0 By: 1Y-P4 (City, State & Zip) (Si ature )a CNC. ' 3 ' 1-� 1 l ���ni LfzeLFV (Telephone) GA (fir-o,4bi (Print Name & Title) 411 4 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. 1 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 Redding Mall seven (7) days per week with one uniformed officer, Monday through Friday, 11 : 30 A.M. to 10: 30 P.M. , Saturday, 11 : 30 A.M. to 10:00 P.M. and Sunday 10:00 A.M. to 6 : 30 P.M. (not to ex - -d ei.ht hours per officer unless an - $ exists Hours may be increased or reduced at the Ci y s discretion with 30 days notice to the contractor.1 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 meet specific requirements established by the Redding Police Department prior to assignment to the Downtown Redding Mall . Security personnel must have completed the following training: EXH1 '4:IT A 1 CITY OF REDDING--SPECIFICATIONS--SECURITY SERVICES DOWNTOWN REDDING MALL 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, and 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. 5. 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 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, Washington's Birthday, Easter, Memorial Day, July 4, Labor Day Thanksgiving and Christmas. 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. Invoices are to be mailed to the City of Redding, Finance Department, 760 Parkview Avenue, Redding, CA 96001 . RIGHT OF CANCELLATION: Security service may be terminated at any time by either party upononthirtY (30) days prior written notice to the other party. • • 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. FOR FURTHER TECHNICAL INFORMATION CONTACT: Ron Masingale, Director of General Services, 916-225-4462 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. li • 4' 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 $500. 00. 2. POWER OF ATTORNEY MUST BE ATTACHED TO BID BOND. 3. SURETY'S SIGNATURE ON BID BOND MUST BE NOTARIZED. * (See Attached Sample) 4 . ORIGINAL DOCUMENTS MUST BE RECEIVED. 5. BID PROPOSAL MUST BE SIGNED. 6. NO INITIALS - SIGNATURES SHOULD BE LEGIBLE. THE CITY OF REDDING • .' NOTE: PLEASE SUBMIT BID ON ENCLOSED BID FORM ONLY. FORWARD TO: CITY OF REDDING, CITY CLERK, 760 PARKVIEW AVENUE, REDDING, CA 96001 . MAILING ENVELOPE IS TO BE CLEARLY MARKED ON THE OUTSIDE WITH THE FOLLOWING NOTATION: "BID ON SCHEDULE NO. ; OPENING AT DATE • (Time, A.M. or P.M. ) • 411 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Redding, California, hereinafter called the "City, " in the penal sum of Dollars ($ ) , lawful money of the United States, for thea p yment 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 GENERAL CONDITIONS PAGE 1 1. INSURANCE The Contractor shall furnish the City insurance certificates showing that the contractor has insurance coverage as indicated below: A. Comprehensive General and Auto Liability insurance policy, (including contractor's liability, completed operations liability, blanket contractual liability, contractor's contingent liability, owned and non-owned auto liability) , insuring the City and its employees as follows: (1) The limits of liability shall be not less than $250,000 on account of injury or death to any one person, and not less than $500, 000 on account of any one accident resulting in injury or death to more than one person, and not less than $100,000 for damage to real or personal property. A combined single limit g policy with aggregate limits in the amount of $1 ,000 , 000 will be considered equivalent to the required minimum limits. (2) Such insurance shall contain an endorsement stating that THE CITY OF REDDING, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE COVERED AS ADDITIONAL INSUREDS. (3) The Certificate of Insurance shall also state that THE POLICIES SHALL NOT BE REVOKED OR ANY COVERAGE REDUCED UNTIL TEN (10) DAYS WRITTEN NOTICE THEREOF SHALL HAVE FIRST BEEN GIVEN TO THE CITY OF REDDING. (4) Such insurance certificate shall indicate that the liability insurance policy contains the following specific endorsement: "Notwithstanding any other provision in this policy, insurance afforded hereunder to the City of Redding shall be primary as to any other insurance or re-insurance covering or available to the City of Redding, and such other insurance or re-insurance shall not be required to contribute to any liability or loss until and unless the appropriate limits of liability afforded hereunder are exhausted. " EXH1 .' :;; IT A • CITY OF REDDING-GENERAL CONDITIONS PAGE 2 B. Workers' Compensation Insurance. (1) Such insurance certificate shall indicate that the Workers ' Compensation insurance policy contains the following specific endorsement: "It is agreed that such insurance afforded by this policy also applies to the City of Redding as an additional insured, but only with respect to employees hired by, and included on the payroll of, the named insured performing work for the account of such additional insured. It is also agreed that any notice to or from the named insured of reduction in or termination of coverage under the policy shall be given to the above additional insured. - All other terms and conditions of this policy remain the same. " (2) Such insurance shall contain an endorsement stating that the CITY OF REDDING, ITS OFFICES, AGENTS, AND EMPLOYEES ARE COVERED AS ADDITIONAL INSIIREDS.. (3) The Certificate of Insurance shall also state that THE POLICIES SHALL NOT BE REVOKED OR ANY COVERAGE REDUCED UNTIL TEN (10) DAYS WRITTEN NOTICE THEREOF SHALL HAVE FIRST BEEN GIVEN TO THE CITY OF REDDING. C. Certificate of Exemption from Workers' Compensation Insurance (1) Such certification shall indicate that the contractor shall not employ any person in any manner so as to become subject to the Workers ' Compensation Laws of California. (2) If after making this Certificate of Exemption, you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions . 2. 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 be 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. 410. CITY OF REDDING-GENERAL CONDITIONS PAGE 3 3. 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 an amount equal to or not less than five hundred dollars ($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 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, Redding, California 96001 . The outside 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. 4 . 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. 5. 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. 411 ' 410 • CITY OF REDDING-GENERAL CONDITIONS PAGE 4 6 . 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. 7 . 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 be 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. 8 . 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. 9 . 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. I