HomeMy WebLinkAboutLocater Services DBA Able Patrol and Guard; 2009-09-02;AMENDMENT NO.l TO AGREEMENT FOR SECURITY PATROL SERVICES
(Locater Sewices, Inc. dba Able Patrol and Guard)
This Amendment No.1 is entered into and effective as of the / s5 day of
, 2010, amending the agreement dated September 2, 2009 (the
"~~reemehf') by and between the City of Carlsbad, a municipal corporation, ("City"), and
Locater Services, Inc. dba Abel Patrol and Guard, ("Contractor") (collectively, the "Parties") for
security patrol services.
RECITALS
A. The Parties desire to alter the agreement's scope of work to include security patrol
services at two additional trail sites; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on an agreed price basis for ongoing security services, Seven
Thousand Two Hundred Sixty-Nine dollars and Sixty cents ($7,269.60) per agreement year, not-
to-exceed a total value of Fifteen Thousand dollars ($15,000) per agreement year. Contractor
will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours
performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by September 2,
2010 and all subsequent agreement years.
4. The estimated amount for extra work detailed in Schedule 'A' of the
agreement is correspondingly reduced from Twenty-five Hundred dollars per year (subject to
actual work performed) to Four Hundred Sixty dollars and Eighty cents (subject to actual work
performed), per agreement year.
5. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
7. The individuals executing this Amendment and the instruments
referenced in it on behalf of Contractor each represent and warrant that they have the legal
power, right and actual authorii to bind Contractor to the terms and conditions of this
Amendment.
CONTRACTOR
(sign here)
CkT&ecda&h-
(print nameltitlel
(e-mail address)
Debbie @pkl/+Ass.i-~timt Treaslrer
(print narnehitlej
(e-mail address)
CITY OF CARLSBAD, a municipal
corporation of the State of California
BY: i
-& City Manager
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
"Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretaty under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Amendment No. 1 to Securitv Patrol Services
Contractor will provide unarmed uniformed security officers to foot patrol City owned or
managed properties listed below, in accordance with the original Agreement ((3) days a week,
for a yearly service fee of Seven Thousand Two Hundred Sixty-Nine dollars and Sixty cents, not
to exceed a total value of Fifteen Thousand dollars per agreement year. It is estimated that the
areas to be patrolled under this amendment equal 265 acres. Patrol of these areas shall begin
after written notice to proceed is provided by the Contract Administrator. Billing for services
provided on these two areas shall be accomplished through separate invoicing from the two
areas serviced under the original agreement and be paid for out of Trails Maintenance
(001 4620-7550).
ANNUAL COST
Note: Additional patrol expense will be within the Fifteen Thousand dollars ($15,000) per
Agreement year outlined in the original Agreement dated September 2, 2009.
Item
Number
1.
2.
Attachments: Exhibit B-1
Exhibit 8-2
City Attorney Approved Version # 05.22.01
Description
Coastal Rail Trail - City of Carlsbad Reach 2
('Complete Coastal Rail Trail' depicted within the
purple highlight; traillplanter areas from Oak
Avenue to Tamarack Avenue) as referenced on
Exhibit 8-1.
Lake Calavera Property - City of Carlsbad Owned
(Study Area/City Owned Land depicted within the
solid black delineation; trailslopen space areas
bounded by City of Oceanside, CDFG,
Environmental Trust, and private properties), as
referenced on Exhibit B-2 .
Provide extra work including foot and mobile
patrol as directed. (Subject to actual work
performed)
Unit Price
$23.30
(Per
patrol)
Estimated
Amount
Patrol
s
312
Annual
Cost
$7,269.60
$460.80
il Mileage
I
I'
1 City of Oceans 1.1
I Trail
I -*-*
ACKNOWLEDGMENT
State of California
County of ------- SanDie91 _-_o_O--_------)
March 17, 2010 On ......................... Michael Lee Buse, Notary Public before me, .........................................
(insert name and title of the officer)
Debbie Kopki personally appeared --------------------------------------------------------------,
who proved to me on the basis of satisfactory evidence to be the person@) whose name@) islare
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized cnpacity(ies), and that by hislherltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ACKNOWLEDGMENT
State of California
County of ------- S3G33S -------------- 1
March 17,2010 On Michael Lee Buse, Notary Public before me,
(insert name and title of the officer)
George Grauer ~ersonallyappeared-------------------------------------------------------------,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Crmnisrion *. 1827132
mtuy Rdllc - C1Ulo~
signature &&-A--U-- (seal)
SECURITY PATROL SERVICES
(Locater Services, Inc. dba Able Patrol and Guard)
THIS AGREEMENT is made and entered into as of the ^ day of
20ffi, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Locater Services Inc. dba Able Patrol and Guard, a Corporation,
("Contractor").
RECITALS
A. City requires the professional services of security patrol services to provide the
necessary patrol services at various locations within the City.
B. Contractor has the necessary experience in providing professional services and
advice related to security patrol services.
C. Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
D. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
E. The CONTRACT ADMINISTRATOR for the work performed under this
agreement is the Parks Superintendant or his designated representative.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first
above written. The City Manager may amend the Agreement to extend it for two (2) additional
two (2) year periods or parts thereof in an amount not to exceed, Fifteen Thousand dollars
($15,000) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
City of Carlsbad - Security Patrol Services
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
Not to Exceed Fifteen Thousand dollars ($15,000) per agreement year. No other compensation
for the Services will be allowed except for items covered by subsequent amendments to this
Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to make
on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done
under this Agreement. At the City's election, City may deduct the indemnification amount from
any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
City of Carlsbad - Security Patrol Services
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys fees
arising out of the performance of the work described herein caused in whole or in part by any
willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes
to or on behalf of an injured employee under the City's self-administered workers' compensation is
included as a loss, expense or cost for the purposes of this section, and that this section will survive
the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless City
Attorney or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-
limit per occurrence for bodily injury, personal injury and property damage. If the submitted
policies contain aggregate limits, general aggregate limits will apply separately to the work under
this Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $1,000,000
per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will
not be required if Contractor has no employees and provides, to City's satisfaction, a declaration
stating this.
City of Carlsbad - Security Patrol Services
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required
under this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, which will be written as
claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
City of Carlsbad - Security Patrol Services
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Kyle Lancaster Name George Grauer
Title Parks Superintendent Title Vice President
Department Parks and Recreation Address 4616 Mission Gorge Place
City of Carlsbad San Diego. CA 92120
Address 1166 Carlsbad Village Drive Phone No. (619) 229-6100
Carlsbad. CA 92008
Phone No. (760) 434-2941
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure
under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any
of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is
required, Contractor or Contractor's affected employees, agents, or subcontractors will complete
and file with the City Clerk those schedules specified by City and contained in the Statement of
Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that neither
Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary
real property, business interests or income that will be affected by this Agreement or, alternatively,
that Contractor will file with the City an affidavit disclosing this interest.
City of Carlsbad - Security Patrol Services
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of
1986 and will comply with those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors and consultants that the
services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
City Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering ninety (90) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
City of Carlsbad - Security Patrol Services
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the
full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing
for a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
City of Carlsbad - Security Patrol Services
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to
bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Gaocqe
(print name/title)
**By:
ign here)
RxfcL/Assistant
ATTEST:
LORRAINE M. WOO
City Clerk
(print name/title)
V. ^ --ITTTi-
/ — *- ^If required by City, proper notarial acknowledgment of execution by contractoi//nvg|ft ,be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPRJ
RON
AS TO FORM:
L, City Attorney
Cjty~Atterney
City of Carlsbad - Security Patrol Services
EXHIBIT A
MANNER OF PERFORMING SERVICES
PARTI
GENERAL SPECIFICATIONS
1.00 GENERAL REQUIREMENTS
1.01 CONTRACTOR will provide unarmed uniformed security officers to foot patrol City
owned or managed properties as detailed in this agreement (3) days a week for
monitoring illegal dumping and illegal encampments, as well as informing trespassers
to vacate said premises. One of these days is required to be a weekend day, Saturday
or Sunday.
1.02 CONTRACTOR will provide its security officers with a Nextel 2-way radio or equal
and a cell phone during mobile patrol.
1.03 CONTRACTOR will submit to the CONTRACT ADMINISTRATOR or his
designated representative reports on a monthly basis the dates and times when
surveillance and patrol took place, and the course of action taken, if any. These
reports will include license numbers of vehicles, illegal dumping, trespassing or other
related activities. The Contractor shall indicate the actual parcel number of the
property and shall provide information on exact locations of these activities on said
parcel.
1.04 CONTRACTOR is required to hold and maintain a valid license from the State of
California Bureau of Security and Investigative Services.
2.00 AREA TO BE PATROLLED
2.01 The area to be patrolled under the provisions of this CONTRACT is located at the
following areas: It is estimated that the total area to be patrolled is approximately 235
acres. A map of the areas to be patrolled identified by Assessors Parcel Numbers is
included and incorporated by reference.
A. The southeast side of Agua Hedionda Lagoon. Portions of APN 21101031.
B. The undeveloped property that is intended for Veterans Park. Portions of
APN 21201005 and APN 21201015
City of Carlsbad - Security Patrol Services EXHIBIT A 10
3.00 PAYMENT AND INVOICES
3.01 The CONTRACTOR shall present monthly invoices, for all work performed during
the preceding month. Said invoice shall include all required certifications and reports
as specified hereinafter. The invoice shall be submitted on or before the fifth (5th)
day of each month in the amount of the compensation to be paid by the CITY for all
services rendered by the CONTRACTOR under the terms and conditions of this
CONTRACT. Said payment shall be made within thirty (30) days upon receiving the
invoices, providing that all work performed during the preceding month has been
inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable
certifications have been submitted in accordance with the provisions of this
CONTRACT.
3.02 Invoices for approved Extra Work shall be in a format acceptable to the CONTRACT
ADMINISTRATOR, including attachments, such as copies of suppliers' invoices,
which the CONTRACT ADMINISTRATOR may require to verify
CONTRACTOR'S billing. Invoices for Extra Work shall be submitted on separate
invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one
invoice shall be submitted for each discrete and complete item of Extra Work.
3.03 Unless otherwise provided, invoices for Materials for approved Extra Work may
include a mark up of 15%, to cover CONTRACTOR'S overhead, handling, and the
like, related to the provision of said materials. Such invoices shall be presented along
with copies of suppliers' invoices.
3.04 Rental Equipment for Extra Work shall be invoiced at CONTRACTOR'S cost and
may include a mark up of 15%. Such invoices shall be presented along with copies of
suppliers' invoices.
3.05 In the event the CITY transfers title or patrol service responsibility of the premises or
a portion thereof, this CONTRACT shall continue in full force and effect, except said
portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted
from the premises to be maintained and the CONTRACT sum shall be reduced
accordingly.
3.06 The CONTRACT ADMINISTRATOR may, at his discretion, add new areas to be
patrolled and/or require additional services. The CONTRACTOR shall be
compensated for the additional services that are designated after the date of the
commencement of this CONTRACT based on the submission of an approved security
patrol proposal, consistent in all respects with this CONTRACT, and shall contain all
information as required in the REQUEST FOR PROPOSALS.
3.07 Additional compensation may be authorized at the discretion of the CONTRACT
ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed
necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or
circumstances.
City of Carlsbad - Security Patrol Services EXHIBIT A 11
4.00 MEETINGS. & REPORTS
4.01 The CONTRACTOR or his authorized representative shall meet with the
CONTRACT ADMINISTRATOR or his representative at the discretion and
convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections.
402 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his
appropriate representative, shall attend meetings as determined by the CONTRACT
ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT
revision, description of CITY policies, procedures, standards, and the like.
4.03 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written
documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems
necessary to verify and review CONTRACTOR'S performance under this
CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent
information relative to the maintenance, operation, and safety of the medians.
5.00 EXTRA WORK
5.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the
discretion of the CONTRACT ADMINISTRATOR.
5.02 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a
written proposal including a description of the work, an estimate of labor and
materials, and a schedule for completion. No work shall commence without written
approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR
5.03 In the event that CONTRACTOR'S PROPOSAL for Extra Work is not approved, the
CONTRACT ADMINISTRATOR reserves the right to perform such work with other
forces
5.04 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent,
the CONTRACT ADMINISTRATOR may verbally authorize the work to be
performed upon receiving a verbal estimate from the CONTRACTOR. However,
within twenty-four (24) hours after receiving a verbal authorization, the
CONTRACTOR shall submit a written estimate, consistent with the verbal
authorization, to the CONTRACT ADMINISTRATOR for approval.
5.05 All Extra Work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the time
allotted.
City of Carlsbad - Security Patrol Services EXHIBIT A 12
6.00 COMMUNICATIONS AND EMERGENCY RESPONSE
6.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single
telephone number, toll free to a San Diego region area code, at which the
CONTRACTOR or CONTRACTOR'S responsible employee may be contacted at any
time, twenty-four hours per day, to take the necessary action regarding all inquiries,
complaints and the like, that may be received from the CONTRACT
ADMINISTRATOR or other CITY personnel. For hours beyond a normal 8 AM to 5
PM business day, an answering service shall be considered an acceptable substitute
for full time twenty-four hour coverage, provided that the CONTRACTOR responds
to the CITY by return call within one hour of the CITY's original call.
6.02 Whenever immediate action is required to prevent possible injury, death, or property
damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause
such action to be taken by alternate work forces and, as determined by the
CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or
deduct such cost from any amount due to the CONTRACTOR.
6.03 All complaints shall be abated as soon as possible after notification; but in all cases
within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any
complaint is not abated within 24 hours, the CONTRACT ADMINISTRATOR shall
be notified immediately of the reason for not abating the complaint followed by a
written report to the CONTRACT ADMINISTRATOR within five (5) working days.
If the complaints are not abated within the time specified or to the satisfaction of the
CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may
correct the specific complaint and the total cost incurred by the CITY will be
deducted and forfeit from payments owing to the CONTRACTOR from the CITY.
6.04 The CONTRACTOR shall maintain a written log of all communications, the date and
the time thereof and the action taken pursuant thereto or the reason for non-action.
Said log of complaints shall be open to the inspection of the CONTRACT
ADMINISTRATOR at all reasonable times.
7.00 SAFETY
7.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a
manner as to meet all accepted standards for safe practices during the security patrol
operation and to safely maintain stored equipment and materials or other hazards
consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all CITY, County, State or Federal requirements at
all times so as to protect all persons, including CONTRACTOR'S employees, agents
of the CITY, vendors, members of the public or others from foreseeable injury, or
damage to their property.
7.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of
any occurrence on the premises of accident, injury, or persons requiring emergency
City of Carlsbad - Security Patrol Services EXHIBIT A 13
services and, if so requested, shall prepare a written report thereof to the
CONTRACT ADMINISTRATOR within three (3) calendar days following the
occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation
of any such occurrence.
City of Carlsbad - Security Patrol Services EXHIBIT A 14
CONTRACTOR'S WORK FORCE
The CONTRACTOR shall set forth in Exhibit A to the proposed CONTRACT:
A. Each labor or supervisory position by title that will make up the CONTRACTOR'S
work force needed to provide the described services.
B. A sufficiently detailed explanation of the minimum qualifications for a person working
in each position title, including any required certifications.
C. The minimum annual man-hours for each position title that the CONTRACTOR
proposes to commit to the performance of the described services.
D. A list and description of the qualifications of other pertinent staff that are not to be
directly committed to this project but who will be available to support, consult, perform Extra
Work, and the like.
E. A description of CONTRACTOR'S systematic skills training program.
The information provided in this attachment is for the purposes of determining the
CONTRACTOR'S commitment and preparedness to perform the DESCRIBED
SERVICES, and assuring that the CONTRACTOR'S proposal is reasonable and
complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or
relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT.
CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed.
Label any such pages "Exhibit A" - Additional Information" along with the appropriate
position title(s) corresponding to this form.
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
i.
SEE ATTACHED
2.
3.
City of Carlsbad - Security Patrol Services EXHIBIT A 15
Page 2
CONTRACTOR'S WORK FORCE
(Continued)
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
4.
SEE ATTACHED
5.
9.
10.
City of Carlsbad - Security Patrol Services EXHIBIT A ie
Page 3
CONTRACTOR'S WORK FORCE
(Continued)
D. Other Staff Support
Title Description / Qualifications
SEE ATTACHED
2.
3.
4.
5.
E. Description of CONTRACTOR'S employee training program
City of Carlsbad - Security Patrol Services EXHIBIT A 17
MAPS OF PATROL AREAS
ap created by Carblxsd GIS QeparlinEnl.il
City of Carlsbad - Security Patrol Services EXHIBIT A 18
Mapcrcaisd by Carbted CIS Department.
City of Carlsbad - Security Patrol Services EXHIBIT A 19
SCHEDULE A
ANNUAL COST
Item
Number
1.
2.
Description
Provide foot and mobile patrol at two
(2) designated areas
Provide extra work including foot and
mobile patrol as directed
(Subject to actual work performed)
Unit Price
$23.30
(per patrol)
Estimated
Amount
Patrols
312
Annual
Cost
$7,269.60
$2,500.00
Total amount of proposal in words for Schedule "A": Nine Thousand Seven Hundred Sixty-nine
Dollars and Sixty Cents
Total amount of proposal in numbers for Schedule "A": $ 9.769.60
City of Carlsbad - Security Patrol Services EXHIBIT A 20
Able Patrol and Guard Workforce
Security Patrol Services
Able Patrol and Guard (APG) management team, including ownership, is comprised of
individuals with extensive professional experience related to the security industry.
GEORGE ML GRAUER, President and Chairman of the Board of Directors is a
graduate of San Diego State University, a retired federal investigator, a qualified
manager and private investigator (California license # 4249), a Certified
Protection Officer (CPO), Certified Protection Officer Instructor (CPOI),
Administration of Justice (PC8328), .Police Office Safety Trained (POST) and has
thirty-seven (37) years of security/safety experience. He is active in the day-to-
day operations of APG and is the point of contact for several client contracts. Mr,
Grauer chairs all Code of Ethics violation investigations, Equal Employment
Opportunity and Sexual Harassment issues, Mr. Grauer conducts all levels of
training.
GEORGE ML GRAUER JR., Senior Vice President, is a Certified Protection
Officer (CPO) and Certified Protection Officer Instructor (CPOI). Grauer has
received extensive training in Fire Science and has obtained Firefighter I
Certification with the State of California. Mr. Grauer is certified as an Emergency
Medical Technician. Mr, Grauer has over fifteen (15) years of security, public
safety and loss prevention experience. He has attended corporate sponsored
training courses including: Corporate and Public Safety, Investigation Procedures,
Tactical Control, Fraud and Interviewing techniques. He is First Aid and CPR
certified. He is certified through the California Licensee Education on Alcohol
and Drugs. Mr. Grauer oversees training, policies and procedures, chairs the
quality control program review board, the injury and illness prevention program
and is responsible for implementation and review of site-specific post orders for
APG clients,
MIKE BUSE, Director of Operations, is a graduate of Oregon State University
and has over twenty-five (25) years of customer service, employee relations and
management experience. He served in the United Sates Navy as a submarine
officer for seven (7) years, Mike currently performs a variety of administrative
functions including supervisor training; he participates in the APG hiring process,
including classroom, refresher, site specific and advanced training. He is familiar
with all APG clients. His multiple task capabilities, interpersonal skills and
dedication to the security industry and APG make him a valuable asset to our
team and our clients.
Able Patrol and Guard t PPCM59S6146 i 6 Mission Gorge Place, San Dfego, CA 921201 (619) 239-61001 Fax (619) 229-6106
City of Carlsbad - Security Patrol Services EXHIBIT A 21
RAY O'CONNELL, Senior Supervisor, is a Certified Protection Officer (CPO)
has seven (7) years of supervisor experience with APG and thirty-four (34) years
of security/safety experience. Mr. O'Connell retired from the Albany New York
Police l>epartment after twenty-seven (27) years of service. Mr. O'Connell brings
a wealth of knowledge and experience to APG. A sample of Mr. O'Connell's
training includes:
* Basic and advanced police training (POST)
* Managing investigations
* General Police Service
* New York State Corrections, HIV/AIDS training
* Emergency Vehicle Operations
4 Municipal Police Training
Mr. O'Connell is a Vietnam Veteran and he received numerous awards while
serving in the military including:
a) Vietnam Service Ribbon
b) Vietnam Campaign Ribbon-4 stars
c) American Service Ribbon
He conducts many administrative and supervisory functions for APG including
classroom, site and refresher training. He is familiar with all APG client
requirements. He conducts unannounced post/field inspections daily. Ray has
imparted many of the skills he learned while an Albany Police Officer, to our
APG officers,
CHARLES CAMPBELL, Training Manager, has ten (10) years of supervisory
experience with APG and thirty-five (35) years of security/safety experience. He
is certified in Administration of Justice (PC-832) and Police Officer Safety
Trained (POST). Campbell participates in all phases of APG training along with
the administration of contract security services and is responsible for the
production of post orders for all APG clients.
MOBILE PATROL OFFICERS, Currently, there are twelve (12) APG officers
available to meet the requirements and scope of work for the City of Carlsbad.
Each officer has a minimum of two (2) years security/safety experience and has
successfully completed all aspects of the APG training curriculum.
Able Patro! and Guard! PPOW598614616 Mission Gorge Place, San Diego, CA 921201 (6! 9) 229-61001 Fax (619) 229-6106
City of Carlsbad - Security Patrol Services EXHIBIT A 22
Training
APG has developed training programs on our own initiative that exceed published industry
standards. Our training is specific to the role and responsibility our security/safety officers
assume for our clients. The licensing agency, Bureau of Security and Investigative Service
(BSIS), mandates all officers to participate in training. Our training enhances the skills of our
officers, and prepares them to succeed as an officer representing APG.
Effective July 1, 2004 The Bureau of Security and Investigative Services (BSiS) revised the
training requirements for registered security officers in the Private Security Services Act,
California Senate Bill 2880 (SB2880). BSIS requested submission of training course and
certification for their acceptance and approval. APG staff wrote our entire training program in
compliance with SB2880 and on October 4, 2004, Enforcement Manager George H. Paddeeh of
BSIS approved the APG training course, certificate format and assorted materials, to achieve
compliance with the requirement (SB2880) of (he Department of Consumer Affairs training
course for security officers.
APG is in full compliance with the BSIS requirements that mandate officers have successfully
completed the Powers to Arrest, entry level and site-specific training prior to assignment.
APG training is divided into six (6) categories:
» Powers to Arrest
* Entry Level
•» Site Specific
* Advanced
* Refresher
» Supervisor
Once an officer successfully completes a category of training, a certificate of completion is
awarded and a copy is placed in the officer's personnel file.
The APG commitment to provide the client with well-trained security officers is a valuable
service to the client and our officers. This process will tie trainers directly to the unique needs
for security/safety of the critical infrastructure sites, and will ensure the proper dissemination of
new training programs, materials and methods as needed at the client site.
Able Patrol and Guard IPPCW598614616 Mission Gorge Place, San Diego. CA 921201 (619)229-61001 Fax (619) 229-61(56
www.abfcpatrulonilguiiiii.ciOT
City of Carlsbad - Security Patrol Services EXHIBIT A 23
A.PG Trainers are fail time employees whose role is to:
* Conduct training in a variety of settings including class
participation, role-playing and field exercises.
* Analyze performance of individuals.
* Manage performance enhancement throughout the training effort.
* Develop a partnership with the client that will identify training
opportunities, which will enhance the delivery of security/safety
services,
Powers To Arrest
The BS1S manual includes sixty-five (65) practice questions and forty-five (45) final exam
questions. The candidate must receive a 100% score on the final exam.
Entry-Level Training:
Requires pass/fail of the twenty (20) modules; consisting of:
* The Training Mission
* Security and Asset Protection
» Observation Skills
* Laws of Evidence & Overview of the Law
* Emergency Procedures
* Health & Safety (HPP)
* Communication
* Verbal Communication
* Payroll Administration
* Schedule Discussion
« APG Drug Free Workplace
* Fire Awareness and Suppression
* Ethics, Quality Care and Service
* Vehicle and Driver Safety
* Professional Image-Uniform, Equipment and Grooming
* Introduction to Site Specific Training
» Client Care and Quality Service
* How APG Can Help You
* Awards and Recognition
* Terrorism Awareness
Abie Patrol and Guarf I PPO#S9g614616 Mission Ctorge Place, San Diego, CA 02120') (619) 229-WOO1 Fax (619) 229-6106
www tibtcpatr*>1atidguaixt WIMH
City of Carlsbad - Security Patrol Services EXHIBIT A 24
Site-Specific Training:
Includes classroom, site familiarization, and detailed post orders and scope of work, including
the following topics:
* Equipment
* Emergency response and evacuation procedures
» Liability implication
» Reporting processes/procedures
» Work schedules
» Internal policies; processes and procedures
* Opening and closing procedures
* Fire Extinguisher locations
* Emergency exits
» APG officers conduct on client property
Advanced Training:
Advanced officer traming is accomplished after an officer has successfully completed the ninety
(90) day probation period with APG and includes:
* Security awareness and crime prevention
* Enhanced customer service
* Investigative techniques, reports and procedures
* Special security/safety concerns
Refresher Training:
All APG officers receive refresher training on an annual basis. Refresher training reinforces the
critical elements presented in entry level and site-specific training and other material that directly
relates to the development of officer job skills. Special refresher training may be required when
a major policy or procedure is introduced.
Able Patrol and Guarf f PPCW598614<ilS Mission Gorge Place, San Diego, CA 921201 (619) 229-6100 i Fax (619) 229-6106
City of Carlsbad - Security Patrol Services EXHIBIT A 25
Supervisor Training:
Supervisors have received entry level, advanced and site specific training. Supervisor training
includes:
» Uniform and grooming standards
•» Site inspection procedures
* Written and verbal order techniques
* Employee motivation
* Managerial public relations
* Scheduling and overtime control
« APG polices
Supervisors receive additional training for major policy and procedure revisions.
All APG patrol officers will possess a current and valid drivers license, California Guard
License and have undergone a thorough FBI and DOJ background investigation. Additionally,
APG utilizes a program sponsored by DHS to verify employment eligibility with INS and SSA,
AMe Patrol and Guard I PPQS59861 4616 Mission Gorge Place, San Diego, CA 921201 (619) 229-6100 I Fax (619) 229-6106
City of Carlsbad - Security Patrol Services EXHIBIT A 26