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HomeMy WebLinkAbout2002-336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2002-336 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO ADVANCED SECURITY FOR SECURITY GUARD SERVICE AT THE METROUNK STATION IN SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Advanced Security is the lowest responsible bidder for security guard service at the Metrolink Station in San Bernardino, per Request For Proposal Specification RFP F- 03-011. A contract is awarded accordingly to said Vendor in a total amount of $46,536.75. Such award shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a purchase order to said architect in the amount of $46,536.75. SECTION 2. This contract will be effective from award through June 30, 2003 and includes two single year options, Option year one, if exercised, shall be effective July I, 2003 through June 30, 2004. Option year two, if exercised, shall be effective July I, 2004 through June 30, 2005. Actual option year pricing shall be negotiated with the successful Offeror(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-336 SECTION 3. Said Purchase Order shall incorporate by reference this resolution and the attached contract. SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-336 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO ADVANCED SECURITY FOR SECURITY GUARD SERVICE AT THE METROLINK STATION IN SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 21st day of October . 2002, by the following vote, to wit: Council Members: Ayes Nays Abstain Absent ESTRADA X - LIEN X MCGINNIS X DERRY X - SUAREZ .-.X....- ANDERSON X - McCAMMACK --X..- ~Ci~~le~ The foregoing resolution is hereby approved this Z'"?::; (' d day of Oc tober . 2002. Judith Valles, Mayor City of San Bernardino y BY: , Exhibit "A" 2002-336 AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 21st of October 2002, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and ADVANCED SECURITY., hereinafter referred to as "VENDOR". WITNESSETH WHEREAS, City desires to obtain Security Guard Service for the Metrolink Station located adjacent to the Sante Fe Depot in San Bernardino, California; and WHEREAS, Vendor is qualified to provide said services; and WHEREAS, San Bernardino City Council has elected to engage the services of Vendor upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: I. SCOPE OF SERVICES Vendor shall perform those services specified in Request for Proposal, RFP F-03-011 and as contained in the proposal dated September 30, 2002, (which is on file at the City Clerk's Office) and proposed costs, a copy of which is attached hereto as Exhibit "I ", and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Vendor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Vendor shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the Request for Proposal RFP F-03-011 dated September 30,2002, are made an obligation of Vendor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Vendor for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. Vendor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. Exhibit "A" 2002-336 5. COMPENSATION A. Upon satisfactory completion of the work, the Vendor will be paid time and material not to exceed $46,536.75 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. Vendor will submit an invoice to the City monthly. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Vendor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Vendor. Any adjustment of the total cost of services will only be permitted when the Vendor establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Vendor is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Vendor is required to comply with minimum wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every month by Vendor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Vendor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Vendor and shall be City's agent with respect to obtaining Vendor's compliance hereunder. No payment for any services 2 Exhibit "A" 2002-336 rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Vendor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Vendor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Vendor for all the fees, charges and services performed to City's satisfaction by Vendor, which finding of satisfaction shall not be unreasonably withheld. Vendor hereby covenants and agrees that upon termination of this Agreement for any reason, Vendor will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Vendor from any claims, losses, costs, including attorney's fees and liability arising out of such use. Vendor shall be compensated for such services in accordance with Exhibit" I ". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Vendor. Upon such notice, Vendor shall provide work product to City, and City shall compensate Vendor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Vendor, Vendor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Vendor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Vendor shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 3 2002-336 Exhibit "A" II. INDEPENDENT CONTRACTOR Vendor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Vendor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Vendor and the City. 12. ASSIGNMENT OR SUBCONTRACTING Vendor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Vendor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Vendor and City: VENDOR CITY Sherri Proto Advanced Security PO Box 3276 Fontana, CA 92334 Jim Sharer Director of Facilities Management 300 N. "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Vendor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section lOllS, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Vendor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final 4 Exhibit "A" 2002-336 payment under the contract. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Vendor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. HOLD HARMLESS CLAUSE A. Vendor shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Vendor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Vendor shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Vendor's negligent performance of services under this Agreement. Vendor shall not be responsible for, and City shall indemnify, defend, and hold harmless Vendor from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney' s fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Vendor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Vendor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Vendor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Vendor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Vendor. 5 Exhibit "A" 2002-336 A. Comprehensive General Liabilitv and Automobile Insurance. The Vendor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance. The Vendor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Vendor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 6 Exhibit "A" 2002-336 AGREEMENT FOR Services with Advanced Security. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: ~ h.~ Rache lark, City Clerk City of San Bernardino BY: ith alles, Mayor ity of San Bernardino Advanced Security ~L cprJ[) BY: Signature Se~ ~/C1 +0 NAME: TITLE: OWn e(Z. Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: III III 7 EXHIBIT 1 2002-336 SM September 4, 2002 SUBJECT: REQUEST FOR PROPOSALS RFP F-03-011 Gentlemen/Ladies: The City of San Bernardino (City) invites proposals from qualified vendors for: Security Guard Service on behalf of the City's Facilities Management Department. Please read this entire RFP package, paying particular attention to due dates, the lnstmctions to Offerors, Technical Specifications, General Specifications and Proposal/Price Forms. Proposals must include all requested information and forms, and must be signed by an authorized agent of the offering company in order to be considered responsIve. Sincerely, Marsha Zeller Purchasing Manager 2002-336 SECTION I. INSTRUCTIONS TO OFFERORS , l 2002-336 Pag.e 3 of 30 I. INSTRUCTIONS TO OFFERORS A. Pre-proposal Conference A mandatory pre-proposal conference will be held at 10:00 a.m.. September1!. 2002 at the Metrolink Station. 1204 W. Third Street. San Bernardino. CA 92405. All prospective Offerors are required to attend the pre-proposal conference. B. Examination of Proposal Documents 1. By submitting a proposal, the Offeror represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs. for an undetermined period of time, the name of any Offeror for failure to accept a contract. failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a "No Offer" is considered a response. c. . Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. D. Clarifications 1. Examination of Documents Should an Offeror require clarifications of this RFP, the Offeror shall notify the City in writing in accordance with Section 0.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 2. Submittinl!: ReQuests a. With the exception of oral questions asked at any pre-proposal conferences, all questions, clarifications or comments shall be put Bid Spec. # F-OI-** 2002-336 Page 4 of 30 In writing and must be received by the City no later than September 18, 2002. and be addressed as follows: City of San Bernardino 300 North "0" Street 4th floor. Attn: Carol Doemner San Bernardino. CA 92418 b. The exterior envelope of all requests for clarifications. questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however. all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Carol Doemner. c. Inquiries received after September 18, 2002 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFP. and will be postmarked no later than September 23, 2002. E. Submission of Proposals 1. Date and Time All proposals are to be submitted to City of San Bernardino, Attention: Carol Doemner. Proposals received after 3 :00 p.m., September 30, 2002, will be rejected by the City as non-responsive. 2. Address Proposals shall be addressed as follows: City of San Bernardino 300 N. "D" Street, 4th floor San Bernardino, CA 92418. Proposals may be delivered in person to the Purchasing Department. 4th floor of the above address. Bid Spec. # F-OI-*' 2002-336 Page 5 of 30 3. Identification of Proposals Offeror shall submit a proposal package consisting of: a) a signed original and two (2) copies of its proposal, and b) a completed and signed Price form in a sealed envelope. separate from the proposals, marked "Price Form". The proposal package shall be addressed as shown above, bearing the Offeror's name and address and clearly marked as follows: "RFP F-03-011: Security Guard Service" 4. Acceptance of Proposals a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror responding to this RFP. c. The City reserves the right to postpone proposal opening for its own convemence. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Offeror in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to City; 3. negotiating with City any matter related to this proposal; or 4. any other expenses incurred by the Offeror prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror in the preparation of its proposal. Offeror shall not include any such expenses as part of its proposal. Bid Spec. # F-O I." 2002-336 Page 6 of 30 G. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award an Agreement. The City reserves the right to postpone proposal opening for its own convenience. to accept or reject any or all proposals received in response to this RFP. to negotiate with other than the selected OtTeror(s) should negotiations with the selected Offeror(s) be terminated. to negotiate with more than one OtTeror simultaneously. or to cancel all or part of this RFP. The City also reserves the right to apportion the award amonl! two or more Offerors. H. Acceptance of Order The successful Offeror will be required to accept a Purchase Order and/or a written Agreement in accordance with and including as a part thereof the published notice of Request for Proposals, including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement. Bid Spec. # F-Ot-** 1- 2002-336 Page 7 of30 SECTION II. TECHNICAL SPECIFICATIONS Bid Spec. # F-Ol-" 1-- 2002-336 Page 8 of 30 City of San Bernardino TECHNICAL SPECIFICA nONS BID SPECIFICATION NO. F-03-011 REQUISITION # Security Guard Services for the Metrolinl, Station, 1204 W. Third Street, San Bernardnio, CA 92405 NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPT ABLE I AS SPECIFIED Security Guard Services for the Metroliuk Traiu Station 1. SCOPE The City requires a security guard in uniform - 2 shifts - from 4:00 am until 10:30p.m, 18.5 hours per day, Monday through Saturday (until 10:30 p.m., or until the last train arrives at the station and the public safely clears the parking area, whichever comes 1st). 2. REOUIREMENTS . The security guards provided will have the necessary training, ability, and Supervisor oversight to perform all of the proposal duties, and shall always maintain a neat and professional appearance. . The security guards will always conduct themselves with a professional respectful attitude and demeanor in any interaction with the public. . The security guards on duty shall always have the means Bid Spec. # F-Ol-*' 2002-336 Page 9 of 30 on their person to contact all emergency services as required. fire. police, or ambulance. Either through radio or cell phone. 3. UNIFORM The security guard will wear a clean and pressed police style uniform acceptable to the City for each shift. 4. DUTIES o Providing surveillance of the property and securing the Metrolink platform and site from incidence. Insure the Metrolink gate to the platform is closed, as safety to the public requires. o Monitor and observe all vehicles within the parking areas. Provide foot patrol sweeping of the property and parking lots on an irregular basis, but at least a minimum of 3 times per hour. Immediately notify the City of San Bernardino Police Department of irregularities or criminal activity. o Document on a daily basis a log of activities, incidents, and i,iteractions, either with public. Supervisor, City personnel, or emergency servIces on a report format acceptable to the City of San Bernardino. 5. SERVICE GUARD COMPANY SHALL: o Provide the necessary training and supervision for each security guard proposed for the Metrolink site. o Insure the security guards assigned to the Metrolink site are neat and professional in appearance, and conduct themselves as described above. o Provide sufficient unscheduled Supervisor visits to the site to monitor and insure the duties are being properly executed. . Review the daily log/report of the security guards, submit copies of each to the City on a biweekly basis. 6. SECURITY PROPOSAL SHALL INCLUDE: . An addressing of the above requirements point by point. . A total annual cost based upon the above number of Bid Spec. # F-OI-** 2002-336 Page 10 of 30 desired hours and days of service. o An hourly cost breakdown for the security guards hours for regular time. time and a half, and double time. All associated overhead, benefits. and supervision are to be included in the hourly rate. o A list of any days of the year when service is unavailable, or will cost the City of San Bernardino above and beyond regular time hourly rates. o List the certifications or any specific trallllllg that the proposed security guards and their supervisors will hold. Bid Spec. # F-Ol-*' 2002-336 Page 2 of 30 SECTION III. PROPOSAL CONTENT AND FORMS 2002-336 Ill. PROPOSAL CONTENT AND FORMS A. PROPOSAL FORMAT AND CONTENT 1. Presentation Proposals shall be typed, double spaced, and submitted on 8-1/2" x II" size paper. Offers should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged. and presentations should be brief and concise. Proposals should not exceed fifty (50) pages in length, excluding any appendices. 2. Letter of Transmittal A Letter of Transmittal shall be included with the proposal, addressed to (buyer's name), and must, at a minimum, contain the following: a. identification of Offeror. including name, address and telephone; b. proposed working relationship between Offeror and subcontractors. if applicable; c. acknowledgment of receipt of all RFP addenda, if any; d. name, title, address and telephone number of contact person during period of proposal evaluation; e. a statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal; and f. signature of a person authorized to bind Offeror to the terms of the proposal. 3. Technical Proposal a. Oualifications, Related Experience and References of Offeror This section of the proposal should establish the ability of Offeror to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature: demonstrated competence in the services to be provided; strength and stability of 2002-336 the firm: stat1ing capability; work load: record of meeting schedules on similar projects; and supportive client reference. Offeror shall: (I) provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation. partnership. sole proprietorship): number. size and location of offices; number of employees: (2) provide a general description of the firm's financial condition: identify any conditions (e.g., bankruptcy, pending litigation. planned ot1ice closures. impending merger) that may impede Offeror's ability to complete the project; (3) describe the firm's experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project; (4) identify subcontractors by company name, address, contact person, telephone number and project function and describe Offeror's experience working with each subcontractor; and (5) provide, as a minimum, three (3) written testimonials as references from the project manager for each project cited as related experience; reference shall furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Offeror may also supply references from other work not cited in this section as related experience. b. Proposed Staffin!!: and Proiect Ore:anization This section of the proposal should establish the qualifications of the proposed project staff. Offeror shall: (I) provide education, experience and applicable professional credentials of project staff: (2) furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel; 2002-336 (3) indicate adequacy of labor resources utilizing a table projecting the labor-hour allocation to the project by individual task: (4) identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work: (5) include a project organization chart which clearly delineates communication/reporting relationships among the project staff; and (6) include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. c. Work Plan Offeror shall provide a narrative which addresses the Scope of Work and shows Offeror's understanding of the City's needs and requirements. Offeror shall: (I) describe the approach to completing the tasks specified in the Technical Specifications; (2) outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them; and (3) furnish a schedule for completing the tasks in terms of elapsed weeks from the commencement date. Offeror may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2002-336 d. Exceptions/Deviations State any exceptions to or deviations hom the reqUlrements of this RFP. segregating ..tech11lcal" exceptions from "contractual" exceptions. Where Offeror wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 4. Appendices Information considered by Offeror to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Offerors are cautioned. however. that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REOUIREMENTS By submitting a proposal, offeror warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by offeror. and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or _ certification shall be included in Offeror's proposal. Proposals lackin!!: copies and/or proof of said liccnses and/or certifications may be deemed non- responsive and may be rejected. C. COST AND PRICE FORMS Offeror shall complete the Price Form in its entirety including: I) all individual tasks listed and total price: 2) basis on which prices are quoted; and 3) Offeror's identification information including a binding signature. Offeror shall state cash discounts offered. Unless discount payment terms are offered. payment terms shall be "Net 30 Days". Payment due dates. including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice. whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 2002-336 PRICE FOR"I (To be submitted in a sealed envelope separate from proposal documents) REQUEST FOR PROPOSALS RFP F-03-011 OFFEROR'S NAME/ADDRESS: Security Guard Service Advanced Security PO Box 3276 DESCRIPTION OF WORK: Fontana. CA 92334 NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE Sherri Proto 909-357-9407 ANNUAL PURCHASE ORDER Eftective on or about October I, 2002 through June 30, 2003 plus two single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Security Guard Service. Option year one, if exercised, shall be elTective July 1,2003 through June 30,2004. Option year two, if exercised, shall be ellective July J, 2004 through June 30, 2005. Actual option year pricing shall be negotiated with the successful Offeror(s) prior to exercising of any given option year. Option years shall become cffcctive only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost intllrlnation in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. 2002-336 Item Description UIM Cost 001 Uniformed Security Guard Regular Time - per hour $ 10.75 002 Uniformed Security Guard Overtime - per hour $ 0 003 Uniformed Security Guard Holiday - per hour $ 0 004 Other $ 0 005 Total Annual Estimated Cost $ 46536,75 Are there any other additional or incidental costs which will be reqyired-:bl{ your firm in order to meet the requirements of the Technical Specifications? Yes ("No) (circle one). If you answered "Yes", please provide detail of said additional costs: '---- Please indicate any elements of the Technical Specifications which cannot be met by your firm. _ fl,/ / It Have you included in your proposal all informational items and forms as request~~:j No ~ (circle one). Uyou answered "No", please explain: ~~ This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 2002-336 Cash discount allowable 0 % (30) days. days; unless otherwise stated, payment terms are: Net thi In signing this proposal, Offuror warrants that all certifications and docwnents requested herein ar. attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda wasfwere received. Verification of Addenda Received Received on: Received on: Received on: ~J((?,^,,~ Addenda No: Addenda No: Addenda No: ~Y[J tNl AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Sherri Proto Owner DATE SIGNED: 9h.S/oz PHONE: (909)357-9407 Advanced Security PO Box 3276 Fontana, CA 92334 FAX: (909) 429-2095 COMPANY NAME & ADDRESS: IF NOT SUBMlTIING AN OFFER, PLEASE STATE REASON(S) BELOW: 2002-336 Qption Year 1 July 1, 2003 - June 30, 2004 Item Description DIM Cost 001 Uniformed Security Guard Regular Time - per hour $ 11.75 002 Uniformed Security Guard Overtime - per hour $0 003 Uniformed Security Guard Holiday - per hour $0 004 Other $0 005 Total Annual Estimated Cost $ 68255.75 Are there any other additional or incidental costs which will be req~y your firm in order to meet the requirements of the Technical Specifications? Yes I No !. (circle one). If you ansWllred "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications which cannot be met by your firm. _ Have you included in your proposal all informational items and forms as requested? Yes ~ . (circle one). If you answered "No", please explain: ~../ This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 2002-336 Qption Year 2 July 1, 2004 - June 30, 2005 Item Description VIM Cost .. 001 Uniformed Security Guard Regular Time - per hour $ 12.25 002 Uniformed Security Guard Overtime - per hour $ 0 003 Uniformed Security Guard Holiday - per hour $ 0 004 Other $ 0 005 Total Annual Estimated Cost $ 70933.63 Are there any other additional or incidental costs which will be reql}iredby your firm in order to meet the requirements of the Technical Specifications? Yes I \No Ii (circle one). If you answered "Yes", please provide detail of said additional costs: '--../ Please indicate any elements of the Technical Specifications which cannot be met by your firm. _ Have you included in your proposal all informational items and forms as requested? Yes ~ . (circle one). If you answered "No", please explain: '!:::/ This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 2002-336 SECTION IV. EVALUATION AND AWARD 2002-336 SECTION IV. EVALUATION AND AWARD A. EVALUATION CRITERIA 1. Capllbilities of Firm to Effectively Complete the Project Requirements - 30% Depth of Offeror's understanding ot and ability to manage. City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of FirmlRelated Experience - 30% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength. stability. experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel's level of involvement in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price - 25% Reasonableness of the individual firm-fixed pnces, and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 15% Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements which the Offeror cannot or will not accommodate; inclusion of required licenses and certifications; other relevant factors not considered elsewhere. B. EVALUATION PROCEDURE All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period. the City may require an on- site visit and/or tour of the Offeror's place of business. Offerors should be aware, however, that award may be made without vendor visits, interviews, or further discussions. 2002-336 C. AWARD Depending on the dollar amounts of the offers received. City staff will either select the vendor best meeting the above-specified criteria or submit to City Council. for consideration and selection. the offer(sl judged by statT to be the most competitive. The City reserves the right to withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any Offerors responding to this RFP. The City expressly reserves the right to postpone proposal opening for its own convenience. to waive any informality or ilTegularity in the proposals received. and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. The City also reserves the rie:ht to award its total requirement amone: two or more Offerors as City staff may deem to be in its best interests. In addition, negotiations may or may not be conducted with Offerors; therefore. the proposal submitted should contain the Offerors most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror. 2002-336 SECTION V. GENERAL SPECIFICATioNS 2002-336 GENERAL SPECIFICATIONS 1. Each proposal shall be in accordance with Request for Proposals (RFP) Number F-03-011. All specifications are minimum. Offerors are expected to meet or exceed these specifications as written. OtTeror shall attach to proposal a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional proposals, or those tl1m take exception to the RFP specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all proposals and to award a contract to the offeror who best meets our requirements. This may include waiver of minor irregularities or discrepancies. or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to. workmanship. accessibility of parts and service. known evidence of manufacturer's or offeror's responsibility and record. durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices offered. 4. Proposals shall bc firm offers. subject to acceptance or rejection within 90 days of the opening thereof. 5. Regular dealer. No offeror shall be acceptable who is not a reputable manufacturer, dealer or provider of services of such items as submitted far proposal consideration. 6. All materials. workmanship and finish entering into the construction afthe equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds". factory rejects, and substandard goods are not acceptable. 7. Each offeror shall submit with his proposal a copy of the proposed product specifications. complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment. materials. services and parts offered. 8. Manufacturer andlor Contractor (Contractor) shall defend any and all suits and assume all liability for any and a]1 claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each offeror must state in his proposal the guaranteed delivery date of product andlor services in nlllnber of calendar days from the date of contract execution by the City of San Bernardino. time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the offered items at the earliest possible date following the award of the contract. to. Each offeror shall list in his proposal all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the proposal. 11. Contractor shall furnish and deliver to the City complete equipment and/or services as proposed and awarded. ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid), and shall include all discounts. Offer shall include California sales tax, where applicable. computed at the rate of 7.50% (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thil1y (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the offeror's priced invoice. ]4. All '"standard equipment" is included in any offer. Offerors furnishing proposals under these specifications shall supply all items advertised as "standard" equipment and/or services even ifsuch items are not stipulated in the specifications. unless otherwise clearly excepted in the proposal. 15. The items which the offeror proposes to furnish the City must comply in all respects with the appropriate safety regulations ofal1 regulatory commissions of the Federal Government and the State 2002-336 of California. whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment and/or services pursuant to this RFP specifications shall guarantee that equipment and/or services meet specifications as set forth herein. If it is found that equipment and/or services delivered do not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense t i. By submitting a bid. each offeror agrees that in the event complete delivery is 110t made within the time or times set forth pursuant to this specification. damage will be sustained by the City. and that it is. and will be impractical and extremely difficult to ascertain the actual damage which the City will sustain in the event orand by reason ofsllch delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, (1r by reason of any cause or circllmstance beyond the control of the contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each proposal shall be submitted and received with the understanding that acceptance by the City of San Bernardino of proposal in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices offered and in complete accordance with all provisions of RFP No. F-03-011. In most cases the basis of award will be the City's standard purchase order that mayor may not incorporate this solicitation by reference. 20. Prohibited interest. No member. ofticer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest. direct or indirect in this contract or the proceeds thereof. Ftll1hermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting pal1y other than the City. and that ifany such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting proposals. RFP F-03-011, the contractor's proposal. the written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all modifications of said documents shall be construed together as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all proposals. 23. Prompt payment. Each offeror may stipulate in the proposal a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(lO) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Carol Doemner at 909-384-5548. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential offerors. 25. Proposal/Price forms. No proposal will be acceptable unless prices are submitted on the pricing forms furnished herein, the pricing forms are submitted in a separate sealed envelope. and all required forms are completed and included with proposal. Deliver all proposals, signed and sealed to the Purchasing DiVIsion. Finance Depal1ment at 300 North .'0" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE SPECIFICA nON TITLE "Seeurity Guard Service" AND NUMBER "F-03-011" ON THE OUTSIDE OF THE ENVELOPE. 2002-336 26. Time. All proposals mllst be received in the Purchasing Division no later than 3:00 p.m. Monday. Septcmber 30, 2f102. where at such time and said place proposals will be publicly opened. examined and declared. Any proposal III <I)' be \vithdrawll by offeror prior to the nbove scheduled time for the opening of proposals. Any proposal received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award Illultiple contracts. or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment. Contractor shall be required to furnish one (I) OPERATORS MANUAL and one (I) PARTS MANUAL for all equipment offered. 29. In submitting a proposal to a public purchasing body. the offeror agrees that if the proposal is accepted. it will assign to the purchasing body all rights, title. and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cal1wright Act (Chapter 2. commencing with Section 16700 orPart:2 of Division 7 of the Business and Professions Code). arising from purchases of goods, materials, or services by the offeror for sale to the purchasing body pursuant to the proposa1. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the offeror. 30. CONTRACTOR shall indemnify. defend and hold City. its officers. employees and agents harmless from any claim. demand, liability, suit, judgment or expense (including. without limitation. reasonable costs of defense) arising OLlt of or related to Contractor's performance of this agreement. except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs. salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing. during the term of this Agreement. Contractor shall maintain in effect policies of comprehensive public. general. and automobile liability insurance. in the amount of $1.000,000 combined single limit, and statutory worker's compensation coverage. and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City ifsaid policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND. Not required. The Contractor will be required to furnish a cashier's check. certified check or faithful performance bond made payable to the City of San Bernardino in an amount equal to 100% of the proposal price to insure the contractor's faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of "'A" or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34. City may, at its discretion. exercise option year renewals for up to 5 years, in one year increments. 35. By submitting a proposal. offeror warrants that any and all licenses and/or certifications required by law. statute. code or ordinance in performing under the scope and specifications of this RFP are currently held by offeror. and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certitication shall be included in offeror's proposal. Pronosals lackiDl! conies and/or proof of said licenses and/or certifications may be deemed non-responsive and mav be rejected.