HomeMy WebLinkAbout07/15/2025 07.G. Resolution authorizing contract Amendment No. 3, to extend and amend the City's current contract with PPC Solutions, Inc., Armed Security Guard and Other Services `y � ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.G.
For Meeting of: July 15, 2025
ITEM TITLE: Resolution authorizing contract Amendment No. 3, to extend and
amend the City's current contract with PPC Solutions, Inc., Armed
Security Guard and Other Services (General Fund)
SUBMITTED BY: Susan Knotts, Buyer II
*Lt. Tory Adams
SUMMARY EXPLANATION:
The City currently has a contract with Phoenix Protective Corporation (PPC Solutions)for Armed
Security Guard services at the Dick Zais Law and Justice Center and for the Locking/Unlocking of the
restroom facilities at the City Park's and the gates for the City's Gateway Sports Complex. This contract
is a five-year contract that was implemented in May of 2021 and ends in May of 2026.
Due to the increased cost of services, PPC has requested a 43.40% price increase for Armed Security
services and a 37.50% increase for Lock/Unlock services. Purchasing performed a cost/price analysis of
the services and negotiated a 26% increase for these services, which is in-line with the CPI-W and is
considered fair and reasonable, saving the City an estimated $23,483, for the last year of the contract.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
RESOLUTION_Amendment3_ArmedSecuritySrv_FINAL.docx
AmendmentNo3_ArmedSecuritySrv_FINAL.docx
ExhibitB_Revised.docx
R-2021-059 Awarding Contract 2021-069 & RFP 12104P To PPC Solutions, Inc.pdf
AmendmentNo2_EXECUTED_12104P_0001.pdf
2025-2026 PricelncreaseWorksheet.pdf
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RESOLUTION NO. R-2025-
A RESOLUTION authorizing contract amendment No. 3 to extend and amend the City's
current contract with PPC Solutions, Inc., Armed Security Guard and
Other Services.
WHEREAS, the City currently has contract No. 2021-069, with PPC Solutions, Inc. to
provide Armed Security Guard and Other Services; and
WHEREAS, both the City and PPC Solutions, Inc. have agreed to exercise the option to
renew the existing contract through May 18, 2026, per City Contract No. 2021-069, with an
amendment to Exhibit B, compensation; and
WHEREAS, the new rate in Exhibit B was negotiated with the Contractor and a cost/price
analysis was completed to determine that the rate was fair and reasonable; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this service and
WHEREAS, the City Council finds it is in the best interest of the City and its residents to
exercise the option to renew the contract between PPC Solutions, Inc. and the City of Yakima for
armed security guard and other services now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a contract extension to PPC Solutions,
Inc., with contract amendment to Exhibit B, with PPC Solutions, Inc., attached hereto and
incorporated herein by this reference, for the total estimated amount of One Hundred Seventy-
five Thousand, Eight Hundred Nine Dollars ($175,809) to provide the Professional Services as
described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 15th day of July 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
1
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CONTRACT AMENDMENT NO. 3
BID CONTRACT: RFP 12104P Armed Security Guard and Other Services
DESCRIPTION: Price Increase and Additional Armed Security Guard Services
CONTRACTOR: PPC Solutions, Inc.
AMENDMENT:
This AGREEMENT is an amendment to City Contract 2021-069 and its Amendment No. 1 and No. 2 (collectively referred
to as the "original agreement") between the City of Yakima, a Washington municipal corporation (hereinafter the "City") and
PPC Solutions, Inc., a Washington corporation (hereinafter"Vendor") and collectively, referred to as the "Parties."
WHEREAS, the parties have agreed to further amend the original agreement to allow for revised compensation as
outlined in this amendment to the original agreement; and
WHEREAS, the parties have agreed to the compensation for services in the attached revised Exhibit B, which is
fully incorporated herein; and
In consideration of the promises contained herein, the Parties agree to amend Exhibit B of the original agreement.
All other terms and conditions of the Agreement remain unchanged in effect.
This amendment shall become effective once authorized signatories of both PPC Solutions, Inc. and the City of
Yakima have signed this Amendment.
DATED this day of , 2025.
CITY OF YAKIMA PPC SOLUTIONS, INC.
By: By:
Victoria Baker, City Manager Sheila Leslie, President
Date: Date:
ATTEST:
Rosalinda Ibarra, City Clerk
City contract no.
46
EXHIBIT B
PROPOSAL COST FORM
Armed Security Guard and Other Services - RFP 12104P
Having carefully examined all of the RFP specifications including the "Proposal Requirements" and the
"Evaluation Criteria", all of which are contained herein,the Undersigned proposes to furnish the following,
which meet these specifications. List total cost for providing services below including,but not limited to,taxes,
insurance, certifications,trainings, supplies and cost of preparing this proposal.
Schedule A
Armed Security Guard Services, Law&Justice Center
Straight Time Bill Rate—Regular Hours: $ 26.50
Hourly cost per person. Hourly
$ 33.39
Hourly
Wage Rate: $ 18.50
Hourly
$ 22.00 -25.00
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM: $ 26.50
Hourly cost per person. Hourly
$ 33.39
Hourly
Wage Rate: $ 18.50
Hourly
$ 22.00 -25.00
Hourly
Schedule B
Security Guard Services, Community Diversion Program
Straight Time Bill Rate—Regular Hours: $ 21.f'
Hourly cost per person. Hourly
$ 30.87
Hourly
Wage Rate: $ 16.50
Hourly
$ 22.00 -25.00
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM: $ 21.50
Hourly cost per person. Hourly
$ 30.87
Hourly
Wage Rate: $ 16.50
Hourly
$ 22.00 -25.00
Hourly
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EXHIBIT B
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate—Regular Hours: $ 7.50
Hourly cost per person. Hourly
$ 59.85
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 26.00
Hourly
$ 28.00—32.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM: $ 7.50
Hourly cost per person. Hourly
$ 59.85
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 26.00
Hourly
$ 28.00—32.00
Hourly
Please List any additional cost associated with PRISONER WATCH services.
Use an additional sheet labeled PRICE FORM if more space is needed.
If a transport is needed, PPC can provide using a company or client provided specially $ /I 5.00
Hourly
$ 55.00
Hourly
equipped vehicle. Rate per company provided vehicle listed. $ .56/mile
Hourly
$ .70/mile
Hourly
Schedule D
Event Security
Straight Time Bill Rate—Regular Hours: $ 27.00
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. Hourly
$ 34.02
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 16.00 18.00
Hourly
$ 19.00—23.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM: $ 27.00
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. Hourly
$ 34.02
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 16.00 18.00
Hourly
$ 19.00—23.00
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EXHIBIT B
Hourly
Straight Time Bill Rate—Regular Hours: $ 29.00
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. Hourly
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 18.00 22.00
Hourly
$ 22.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM: $ 29.00
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. Hourly
$ 36.54
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 18.00 22..
Hourly
$ 22.00
Hourly
Schedule D
Lock/Unlock Services
Straight Time Bill Rate—Regular Hours: $ .00($8(}e'lock/un'
Hourly cost per person. Hourly
$ 40.32
Hourly
Please List if there is a minimum hour requirement N/A Wage Rate: $ 18.00
Hourly
$ 22.00—26.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM: $ .00($8.00/lock/un)
Hourly cost per person. Hourly
$ 40.32
Hourly
Please List if there is a minimum hour requirement N/A Wage Rate: $ 18.00
Hourly
$ 22.00—26.00
Hourly
OPTIONAL SERVICES
Please describe any optional services you might provide and cost for optional services i.e. mobile patrol, unarmed
building security, perimeter checks and vehicle patrols. If more space is needed, please attach additional sheet.
PPC provides K9 IED and Narcotic detection services for jail/prison and events. $ 65.00
$ 67.50
CCTV/Remote Monitoring and Response $ 35.00
$ 38.00
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EXHIBIT B
Armed Emergency Response (Workplace Violence/Executive Protection $_
(depending on situation/details) $
50
RESOLUTION NO. R-2021-059
A RESOLUTION awarding RFP 12104P and authorizing an agreement with PPC Solutions,
Inc , for armed security guard and other services
WHEREAS, the City posted and published notice on March 19 and 20, 2021 in the
Yakima Herald Republic, on the City's webpage and through Public Purchase.com that RFP No.
12104P was available for competitive bid, and
WHEREAS, RFPs were due April 16, 2021 at 11 00 a m ; proposals that were timely
received were publicly opened in City Council Chambers in Yakima, Washington, and
WHEREAS, the following RFPs were received, as evidenced by the attached RFP
Submittal Responsiveness Form; and
WHEREAS, all responsive RFPs were sent to the Analysis Committee for
Recommendation of Award, and
WHEREAS, PPC Solutions, Inc , was the only responsive RFP received from a
responsible Bidder; Purchasing and the Analysis Committee recommends the Contract Award
be issued to PPC Solutions, Inc., and that the City Manager execute the Contract; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The RFP is hereby awarded and the City Manager is hereby authorized to execute the
Contract with PPC Solutions, Inc., attached hereto and incorporated herein by this reference, in
the estimated annual amount of$112,978.00, for the procurement of armed security guard and
other services
ADOPTED BY THE CITY COUNCIL this 18th Day of May 2021
Patricia Byer(, Mayor
ATTEST ( C
kt. 0,67IAJ
S Claar Tee, City Clerk d
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CITY OFTAKIMA
PROFESSIONAL SERVICES AGREEMENT
FOR ARMED SECURITY GUARD AND OTHER SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT, entered into on the date of last execution, between the City of Yakima,a �
Washington municipal corporation("C|ty).and PPC Solutions|nC, ("Contractor"). ,
WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows:
1. 8tm^mmmntmfVVork
� The minimum S8mioaS that the Contractor will provide include services described in RFP 12104P' which are attached as
Exhibit A hereto and incorporated herein by this reference.
Administrative Requirements: The Contractor shall have the responsibility b}provide 8 singular designated Project M8Ogg8[
with responsibility for assuring the appropriateness and adequacy Of armed security guard and other services and supervisor
oversight of all Contract staff.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B,attached hereto and incorporated herein,which Exhibit includes
the specifications and payment schedule ofitemized prices as listed in the Contractor's RFPmubmitta|at the time and in the
manner and upon the conditions provided for the Contract. Any additional uarviC8(S)provided hy the Contractor which are to
be paid by the City must have prior written approval of the City.
Pr|o*G 8h8|| remain firm for the first twelve month period of the Contract, Price adjustments will only be reviewed during
contract renewal. -
The City shall make payment to Contractor on @ month by month basis. The monthly inYUiCSx will be submitted by the
Contractor k]the City UOO[about the first week of the month immediately following the month the services are provided.
The City will use its best efforts to pay each of Contractor's invoices within thirty(30)days after the City's receipt and verification
thereof; pn}vidGd, however, that all such payments are expressly conditioned upon Contractor providing nemiC8S hereunder
that are satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice.
3. Contract Term
The period 0Y this Contract shall b8 for G period Of one year from its effective date. The City may, 8t its option, extend the
Contract Uno year tO year basis for VptO four additional years provided. Contract extensions shall be automatic,and shall gP
into effect without written confirmation, unless the City provides advance notice of the intention to not renew.
4. Changes
Any proposed change in this Contract shall be submitted to the other party,for its prior written approval. |f approved, change
will b8 made by8 contract modification that will become effective upon execution by the parties hePoto Any
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representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all Umeo, be on independent Contractor and not an agent or representative of City with mgon| to
performance of the Services. Contractor shall not represent that it is,or hold itself out as, an agent or representative of City. �
|nno event shall Contractor b8 authorized 0J enter into any agreement or undertaking for,O[on, behalf UfCity.
Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees.
The Contractor is solely responsible for payment of any statutory workers compensation or employers liability insurance as ^
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed,and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor
is conducting.
RFP121O4P Armed Security Guard and Other Services'City ofYakima
52
N. Conflict ofInterest
Contractor represents that it and its employees do not have any interest and shall not hereafter acquire any interest,direct m
indirect,which would conflict in any manner O[degree with the performance of this Agreement. Contractor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance of this agreement.
7. Successors and Assigns
8. Neither the City, nor the Contractor,shall assign,transfer,Or encumber any rights,duties,Or interests accruing from
this Contract without the prior written consent 0f the other.
b. The Contractor for himself,and for his heirs,executors,administrators,successors,and assigns,does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
B. Property Care
Contractor shall not allow the Facility to be used for any unlawful purposes. Contractor shall not commit any waste on the
Facility p0p8dv nor damage 88mo nor permit waste or damage by others. Contractor will be responsible for the proper
custody and C8[8 of all City-owned property furnished for Contractor's use in connection with the pohbOn8noo Of this
Agreement, including but not limited to, metal detection equipment. Contractor will reimburse the City of any loss U[damage,
normal wear and tear excepted. Contractor shall also b8 responsible for the proper possession, use, and maintenance ofall '
personal pn}p8hv[8t8iO8d by Contractor during the performance of armed V8cUr|h/guard and other services pursuant to this
Agreement.
9. Property Rights
All records Or papers of any sort relating to the City and b)the project will at all times be the property Of the City and shall b8
surrendered ho the City upon demand. All information concerning the City and said project whiChiSnotothonw|moomettarof
public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part, now or at any
time diSdOS8 that iOfO[m@Unn without the express written consent ofthe City.
10. Inspection and Production ofRecords
8. The records relating k)the Services shall, at all times, b8 subject 0o inspection bv and with the approval nY the City,
but the making of k}[ tui|u[9 or U8|8y in making) such inspection or approval oh8|| not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the Qty'S knowledge
of defective Ornon-complying performance, its substantiality Orthe ease Ofits discovery. Contractor shall provide
the City sufficient,safe,and proper facilities,and/or send copies of the requested documents to the City. Contractor's
records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract 38 maybe requested by the City. Until the expiration 0f six(8)years after final payment 0f the compensation
payable under this Contract,or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine,
audit and copy)all of Contractor's books,documents,papers and records which are related to the Services performed |
by Contractor under this Contract.
o. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City(if Yakima records. They must be produced to third parties, if required pursuant to
the Washington State Public Records Act,Chapter 42.56 RCW,or by law. All records relating to Contractors services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary ufGta\e'o records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
11. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the
City. The City shall Ovvn any and all data, documents, p|8OS' copyrights, Sp9CifiS8doOS, working p8pam. and any other
materials the Contractor produces in connection with this Contract. On completion or termination Of the Contract, the
Contractor shall deliver these materials k)the City.
RFP121O4P Armed Security Guard and Other Services'City nfYakima
53
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12. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and GU applicable
laws, rules, and regulations adopted or promulgated bv any governmental agency or regulatory body, whether federal, state,
local, Vrotherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government O[governmental authority for this project, pay8UShaq]8S8Odfoaa' 8Od8|wS8|| nudin8S
necessary and incidental tD the due and lawful execution Of the work.
3. City Of Yakima Business License. Contractor shall have a valid and current business license per Chapter 5.O2 .O10 .
of the Y8k|08 Municipal Code covering this type of business and ShGU satisfy all 8pp||C8b|8 City Code provisions. '
Said license shall b8 obtained prior tD the award Of any contract.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number,as
required in Title 85 RCVV.
C. Contractor must provide proof ofo valid Washington Unified Business Identification/UB|\number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contractunder RCVV89.00.1U1
o[30.12.U85/3\.
U. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
5ORCVV. _
|| a. Although the City does not require foreign corporate proposers 8Jqualify
! in the Q1y' County or State prior to submitting a proposal, it is Sp9niOuaUy understood and agreed that any such
corporation will promptly take all necessary nlousUr8S to baoUm8 authorized to conduct business in the City of
Yakima, 8t their own expenS9, without r80ond to whether such uurp0n8UOn is actually awarded the contract, and in
the event that the award iS made, prior tu conducting any business iD the City.
13. Nondiscrimination Provision -
During the performance Of this Contract,the Contractor agrees 8Sfollows:
The Contractor shall not discriminate against any person VO the g0UOdS of race, Oreed. CO|O[. rB||g|On. O8Uon8| origin, sex,
age, marital status,sexual orientation,pregnancy,veteran's status,political affiliation or belief,nr the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCVV ch3ctor4S.00) or the
Americans with Disabilities Act(42UGC121O18t8eq.).
This provision shall include but not be limited to the following; employment, upgrading, demotion, transfer, recruitment,
advertising, layoff ortermination, rates of pay O[other forms of compensation, selection for training, and the p0NS|Vn Of
Services under this Agreement.
In the event Ofthe Contractor's nOOnump/|@nCe with the nnn'd|SCh0ina(|Vn C|8uue of this contract 0rwith any such 0|80.
r8Au|8UonS' or orders, this Contract may be cancelled, terminated, or suspended in whole Orin part and the Contractor may
be declared ineligible for any future City contracts.
14. Pay Transparency Nondiscrimination Provision
The Contractor will not diSCh3qJ8 or in any Other manner discriminate against 80p|0ya8S or applicants b8uouS8 they have /
inquired about, discussed,ur disclosed their own pay O[the pay Of another employee Or applicant. However,employees who
have access h]the compensation information 0f other employees O[applicants as8 part of their essential job functions cannot
U|SC|OS8 the pay Of other 8mp|Oy88S or applicants to individuals who do not otherwise have 8CCeSB to Cump8O88tiOn
information, unless the diso|VSUn3 is /8\ in nBSpunSe to o h}rnl8| complaint or charge, (h) in furtherance of an investigation,
proceeding, hearing, or action, including an |Ov8nUg8tioO conducted by the employer, O[(n) consistent with the contractor's
legal duty h}furnish information.
15. Indemnification and Hold Harmless
8. Contractor shall take all U8CGSn8ry pvSCauUOnS in performing the Services to prevent injury to persons or property.
Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers,
employees, 88D[ney8' agents, and volunteers from any and all d8imS. U8m8Ddo. |OGS8S. liens, U8bi|iUeu, peO8|UoS.
fines, |awmui{n, and other proceedings and all judgmanto, awando, costs and expenses (including reasonable costs
and attorney fees)which result ur arise out uf the sole negligent acts O[omissions of Contractor, its offiCia|o,officers,
employees oragents.
RFP121U4P Armed Security Guard and Other Services'City ofYakima
54
b. If any suit,judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or
omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract,each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys'fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant
to this Contract, Contractor intends that its indemnification,defense, and hold harmless obligations set forth above in
Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's
Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification,
defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity
granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the
Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and
volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its
subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts
Contractor may be liable in connection with its performance of this Agreement, shall comply with the terms of this
paragraph,waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by
their respective employees.The provisions of this section shall survive the expiration or termination of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification
in any third party.
e. The terms of this section shall survive any expiration or termination of this Contract.
16. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to
protect the City and Contractor from and against any and all claims,damages, losses,and expenses arising out of or resulting
from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that
stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest
of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined
herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate
of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a
deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance
as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence, combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00)
general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of
Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and
volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the
provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and
appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract.
RFP 12104P Armed Security Guard and Other Services-City of Yakima
55
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b. Automobile Liability Insurance
Before this Contract is fully executed bv the parties, Contractor shall provide the City with @ certificate Ofinsurance
as proof of automobile |iob||dv insurance with a minimum U8bi|ib/ limit{fTwo Million DOUom /$2,000,000.00\ per
occurrence. If Contractor carries higher coverage UmdB. such |knU3 shall be shown on the Certificate Of Insurance
and Endorsements and the City, its elected and appointed officials, employees, 8Qontx. attorneys and volunteers
shall be named as odd|bOn8| insureds for such higher limits. The certificate oh8U clearly state who the provider is,
the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall
b8in effect for the duration Of this Contract. The policy shall name the City of Yakima, its elected and appointed
offiCi8|S' e0p|VyH89' agents, 8ttO[Onya and vO|un1e8nS as 8UUitiOn8| insureds, and uh8|| COOtG|n 8 clause that the
insurer will not cancel U[change the insurance without first giving the City prior written notice. The insurance shall
be with an inSU[8OC8 company or companies rated A'V|| or higher in BeSCS Guide and admitted in the 8t803 Of
VV@3hiOghan. The requirements contained herein, as well as City ofYaki08'S review or acceptance of inDU[aOCo
m8|n18iO8d by Contractor is not intended to and 8h8|| not in any manner limit U[qualify the liabilities or obligations
assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage
if necessary.
Commercial Automobile Liability Insurance:
u. If Contractor owns any mBhiC|8o, before this Agreement is fully executed by the p8rti8S. Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile liability insurance and
| commercial umbrella liability insurance with 8 total minimum liability limit of Two Million Dollars/$2.00O.0OU.00\
' per occurrence combined single limit bodily injury and property damage. Automobile liability will apply ho"Any
Auto"and be shown OO the certificate.
b. |f Contractor does not own any vehicles, only "Non-owned and Hir8d'Automub||e Liability"will be required
and may added 03 the cOm08[Cie| liability coverage at the same |im|bx as required in that SonUon of this
Agreement, which ioSection 18.a Entitled"Commercial Liability|Ooununo8". _
C. Under either SdU8kiOn described above in Gou|On 18.a. and S8CUOn 18.h. the required certificate Of
insurance shall clearly state who the provider is,the coverage amount,the policy number,and when the policy
and provisions provided are in effect. Said policy Gh8U be in effect for the duration of this Agreement. The
Policy ohoU name the City of Yakima, its elected N0o|a|o, offioem, agonho, omp|uyeoa, and volunteers as
additional insured, and Sh8U contain G clause that the insurer will not cancel O[change the insurance without
first giving the City thirty(30)calendar days prior written notice(any language in the clause to the effect uf"but
failure hn mail such notice shall impose On obligation o[liability Of any kind upon the company" shall b8crossed
out and in|U8|8d by the insurance agent). The inSU[3OC8 Sh8|| be with an insurance company of companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington.
o. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s)shall at all times comply with all applicable workers'compensation,occupational
d|8e8S8, and occupational health and Safety laws, statutes, and regulations 1U the full extent applicable, and Sh8U
maintain Employer's Liability insurance with 8 limit of no |ooG than $1.000.000.00. The City uhoU not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees h3 assume full liability for all claims arising from this Contract including claims resulting
from negligent acts Ofall SuboonUraCtor(s). Contractor is responsible 10ensure SUbCVOt[8otor(s) have in8Un8OC8 as
U88U8d. Failure ofoUbc0OtraoonG(s) to comply with inuVmUC8 noquir80nD1S does not limit Contractor's ||abi||Iy or
responsibility.
Contractor's inmVn8DCo coverage shall be primary insurance with respect to those who are Additional |OoV0d3 under this
Contract. Any inounonce, self-insurance or insurance pool coverage maintained by the City ohuU be in exuoan of the
Contractor's insurance and shall not contribute toit.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance |n full force
and effect, all work under the contract shall bn discontinued immediately. Any failure k>maintain the required insurance may
be sufficient cause for the City k)terminate the Contract.
Should @ court 0f competent jurisdiction determine that this Contract iS subject hJRCVV424.115.then, |O the event[fliability
for damages arising out of bodily injury to penGOOS or damages to property C8US8d by or resulting from the C0nCU[[gn1
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'
negligence of Contractor and the City, its officers, olectednnUoppointed [ffici8ls' g0oloyues. agents. atto0eyaand
volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
The City reserves the right k}require higher Or lower limits where warranted.
17. Fidelity Bond—Employee Dishonesty
The Contractor will show proof of providing a fidelity bond in a form acceptable to the City of Yakima in the amount of Fifty
Thousand DVU8rG /$50'000\ 03 F8imhUxS6 City of any damages iOCu[[8d as [GSu|t of dishonesty, burglary, theft, fraud or
destruction Uf property committed by employees Of the Contractor.
Coverage must apply to all personnel of the Contractor including subsidiaries. Coverage must be provided for losses sustained
by the Contractor or its clients v8SU|Ung from fr8UdU|8Ot or dishonest 8CtS CODn0|MBd by employees of the Contractor, acting
alone Or|O collusion with others. Said bond O[insurance shall remain iO effect during the term Of this Agreement.
18. SavmmobiUtn
If any 03[0 or condition of this Contract or the application thereof to any penmn/y\ or circumstances is held invalid, such
invalidity shall not affect other terms,conditions U[applications which can be given effect without the invalid term,condition U[
application. To this end, the terms and conditions of this Contract are declared severable.
19. Contract Documents
This Contract,the Request for Proposals No.121O4P'Scope nf Work,conditions,addenda,and modifications and Contractor's
p0pOS3| (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary.
Specific Federal and State laws and the terms Of this Contract, in that order respectively, supersede other inconsistent
provisions. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein.
These Contract Documents are 0n file in the Office Of the Purchasing Manager, 128 No.2»:EK..Yakima,WA,S8SO1.and are
hereby incorporated by reference into this Contract.
20. Termination
8. Termination for The City may terminate the Contract after providing the Contractor with thirty(3O)calendar
days written nuUoo of the Contractor's right to cure o failure of the Contractor to perform under the terms of this
CUOt[8CL
The Contractor may terminate the Contract after providing the City ninety(90)calendar days'notice of the City's right
to cure 8 failure 0f the City t0 perform under the terms of the Contract.
Upon the termination of the Contract for any reason, o[upon Contract expiration,each party shall be released from
all obligations to the other party arising after the date of termination or expiration,except for those that by their terms '
survive such termination orexpiration
b. Either party may terminate the Contract at any time, without cause, by providing a
whUBO OoUC8; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the CoD1[3CtOr
providing at least ninety(90)calendar days' notice to the City in advance of the intended date of termination.
In the event oftermination for convenience, the Contractor shall be entitled to receive numponmek|on for any fees !
owed under the Contract. The Contractor shall also be compensated for partially completed services. |O this event,
uomponn3k|On for such partially completed xom|uoo xhoU be no more than the percentage Of completion of the
services requested,8t the sole discretion of the City, multiplied by the corresponding payment for completion of such
services as set forth in the Contract. Alternatively, at the SO|8 diSCn9UUn of the Qtv, the Contractor may be
compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid
for but not received or implemented, such refund to be paid within thirty(30)days of written notice to the Contractor
requesting the refund.
C. Contract Cancellation: The City m8omoa the right to oonna| the Contract in whole or in part without penalty if the
Contractor:
• Breaches or defaults an obligation under the Contract;
* Fails to perform any material obligation required under the Contract;
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57
• Files 8 petition in bankruptcy, becomes insolvent,or otherwise takes action bo dissolve aoa legal entity;
� • Allows any final judgment not to be satisfied or a lien not to be disputed after a legal ly-i mposed, 30-day notice;
* Makes an assignment for the benefit of creditors;
• Fails to follow the sales and use tax certification requirements of the State of Washington /
• Incurs 8 delinquent Washington tax liability;
!
• Becomes a State cv Federally debarred Contractor;
�• |S excluded from federal procurement and non-procurement Contracts;
• Fails to maintain and keep iO force all required |n8Un3Ouo' permits and licenses as provided iO the Contract;
� Fails k} maintain the confidentiality of the City information that |S considered 0Jb8 Confidential Information,
proprietary,U[containing Personally Identifiable Information,Or
Contractor performance threatens the health or safety of a City,County or municipal employee
Change in Funding: If the funds upon which the City relied to establish this Contract are withdrawn, reduced,or
limited, or if additional or modified conditions are p|8C8d UO such funding, the City may terminate this Contract
by providing at least five business days written notice buthe Contractor. The termination Sh3|| be effective on
the date specified |n the notice Oftermination.
'
d. Default bv Contra ctor., The Contractor may be declared in default and may be terminated immediately by the City
for one m the following reasons;
• Failure 0f the Contractor to maintain satisfactory performance level;
• Failure Ofthe Contractor t0 start work within the time stated in the notice to proceed; -
• Failure of the Contractor to pay employees for work performed and materials and supplies used under this
cVntn8(��
.
• Failure to maintain mandatory licenses,certificates,insurance or meet mandatory RFP requirements;
• Insolvency ofContractor.
21. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, orinthe event of8notice of default as to
whether such default does constitute a breach Of the contract,and if the parties hereto cannot mutually settle such differences,
then the parties shall first pursue mediation aoa means Vo resolve the dispute. |f the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with
the laws of Washington. If both parties consent in writing,other available means of dispute resolution may be implemented.
22. Re-Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, �
m3yn8'owandth9onntmCtk)thnnou1mo81nyoponaib|8p0pooerwithin12OduyGfrOmohgina|8w0nd.
23. Substitution -
The Contractor shall not substitute 0r deviate from said specifications Of this Contract without 8 written agreement amendment,
signed by the City M8n3g8['Or pursuant to SnuUoO 55 below entitled "Change or Notice". Any violation of this pmC8dU[e by
the Contractor will b8 considered cause for immediate cancellation[f the Contract for cause by the City.
'
24. Contractor Shall Furnish '
Except as otherwise specifically provided in this Contract, Contractor Vh8U furnish the following, all as the same may be
required to perform the services described in,Section IV Proposal Requirements in accordance with this Contract: pomVnn8[
labor and supervision; and technical, professional and other services. All such services, property and other items furnished
or required to be furnished,together with all other obligations performed or required to be performed,by Contractor under this
Contract are sometime collectively referred huin this Contract au the^(Gemiuoa).^
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25. Complementary Provisions
All p0wi9iOOS of this Contract are intended to be Q00p|8montory. and any S8miC8S required by one and not mentioned in
another shall be performed to the memn extent as though required by all, Details of the y8miC8S that are not n8S8SS8ry to
carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part
of the services,without any increase in the compensation otherwise payable under this Contract.
26. |nVnicmm
The City will use its best efforts to pay each of Contractor's invoices within thirty(30)days after the City's receipt and verification
thereof; p0viUoU, hOw8*8[' that all such payments are expressly conditioned upon Contractor providing services hereunder
that are satisfactory tVthe City. The City will notify the Contractor promptly if any problems are noted with the invoice. To
insure prompt payment, each invoice should cite purchase order number, RFP numbor, description ofitem pu[nheoSd. unit
and total price,discount term and include the Contractor's name and return remittance address.
In the event either party terminates this agreement early pursuant to Section 20, Contractor shall be compensated on a pro-
ratab8SiSfo[8||uuUGhack)ryS8miC8Sp0vid8dhuthoCityunUerth|mAgmomantUpk)the8fectiv8tSrmin8ti0ndato.
Contractor will mail invoices t0 the City 8t the following address:
City Uf Yakima Accounts Payable
129NO. 2ndGtn38t |
' Yakima,WA 98901 �
27. Credit Card Acceptance
The City, in its sole discretion,will determine the method of payment for goods and/or services as part of this agreement. The
City'x preferred method of payment is by procurement (onodit) card. Pmpog8nS may be required to have the capability n[
accepting the Cih/'mauthorizod procurement card as Gm81hnd of payment. No price changes nr additional f88/S> may be
assessed when accepting the procurement card ono form ofpayment.
38. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the VO|8 point of contact with regard N all
contractual matters arising hereunder, including the performance of services and the payment of any and all charges resulting
from its contractual obligations.
29. Delegation of Professional Services
The services provided for herein shall be performed by Contractor,and no person other than regular associates or employees
of Contractor shall be engaged on such work or services. Contractor shall not(by contract, operation of law or otherwise)
delegate or subcontract performance of any services to any other person or entity without the prior written consent of the City.
Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any ofthe samiooa, with or without the C|ty's prior written consent, 3hoU
relieve Contractor 0fits responsibility to perform the S6mio8S in accordance with this Contract. Contractor shall be fully
responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other
person who performs or furnishes any services(collectively,the"Support"). �
Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to
performance of the services. Contractor shall not represent that it is, nor hold itself out as,an agent or representative of the
City. |OOO event shall Contractor be authorized k)enter into any agreement 0[undertaking for O[0O behalf Of the City. Neither
the CUOt[3ctD[ nor any employee of the Contractor is 8OUU8d to any benefits that the City provides its e0p|Oy88S. The '
Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed,and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor
is conducting.
Contractor shall perform the services in8 timely manner and |n accordance with the standards Of the profession. /t the time
of p8hor08OC8' Contractor oho|| be properly licensed, equipped, organized, and financed to perform the mnmiC8S in
accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the
services|n accordance with its own methods.
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. �
`
30. T��m��w�mm��
Contractor' shall be solely responsible for and 8h8U pay all taxes, doduoUOOu, and GSeo8S08nta' including but not limited to
federal income tax. FICA, GOCio| security tax. 8SSosGm8Ota for unemployment and industrial injury iOSun@nC8, and other
deductions from income which may be required by law or assessed against either party as a result of this Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes
due.
The City and its agencies are exempt from payment Of all federal excise taxes and, but not sales tax(currently at8.3Y6\. Tax
will not be considered|n determining which proposal iS the lowest O[best, however RCVV39.3O.O4U allows the City bn take any
sales tax and B&O tax that is will receive from purchasing supplies, materials and equipment within its boundaries into
consideration when determining the lowest responsible Proposer.
31. Contractor Tax Delinquency `
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
32. Inspection: Examination nfRecords
. The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in such form
. as the City requires pertaining tU the work 0[ services undertaken pursuant hJ this Agreement. The costs and obligations
incurred or to be incurred in connection therewith, and any other matter are to be covered by this Agreement.
| The records relating 03 the services shall, 8t all times, bo subject bo inspection by and with the approval of the City, but the
' making of(orfailure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance
Of the services |n accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying
performance,its substantiality nr the ease of its discovery, Contractor shall provide the City sufficient,safe,and proper facilities
and equipment for such inspection and free access 03 such facilities.
33. Record Keeping and Record Retention -
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must
be kept in accordance with generally accepted accounting pmn9dU[8S. All procedures must be in accordance with federal,
state and local ordinances.
The City shall have the right to audit,review,examine,copy,and transcribe any pertinent records or documents relating to any
contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable to the contract
for 3 period of not less than three(3)years after final payment|Gmade.
34. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other than the
limited purposes set forth in this Contract, and all related and n8C8SSory actions taken in fulfillment Ofthe obligations there
under. Contractor shall hold all Confidential Information |n confidence, and shall not disclose such Confidential Information to
any persons other than those directors,officers,employees,and agents("Representatives")who have a business-related need
to have 8cC8SS to such Confidential |nhJr08Uun in furtherance of the limited pUrpOS8o of this Contract and who have been
apprised of, and agree to maintain,the confidential nature of such information in accordance with the terms of this Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality
of the Confidential Information while in its possession or control including transportation,whether physically or electronically.
Contractor shall eOnUn3 that all indications 0f confidentiality contained On or included in any d30 Of Confidential |nfoOn8U0n
oh8|| be [gp0dUC8d by Contractor on any n3p0dVCUOO' modification, or translation of such Confidential Information. If
[8qu8S1Gd by the City in w[itiOg. Contractor shall make 8 n88SOO8b|e effort to add 8 pn}p[|8t8[y notice or indication of
confidentiality k)any tangible materials within its possession that contain Confidential Information Vf the City, as directed.
Contractor shall maintain all Confidential Information as COnfiUenU8|for 8 period of three(3)years from the date of termination '
of this Contract,and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Cunfid8OUG| |nh]nm3Uon in cOOnooUUO with o judicial or administrative proceeding ho the extent such
disclosure iu required under law or3 court order,provided that the City shall be given prompt written notice Of such proceeding
if giving such notice iS legally permissible.
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35. Price Increases
If requested bv the Contractor iO writing thirty/30days before the anniversary date Uf each year Uf the contract,the City will
consider increasing the Contractor's rates per the Seattle-Tacoma-Bremerton Consumer Price Index for Urban Wage Earners
and Clerical Workers/CP|'YV\for the previous twelve months. The City, |n its sole discretion, will decide whether tOapprove
Or deny the rate increase request O[any part thereof within 3O days of receipt of the request, |f approved, increase shall take
effect 3O days after approval.
Price increases for any other justifiable reason will be considered on a case-by-case basis. Price increase requests will not be
C0OSid8nud or granted until any outstanding required fiO8OCi8| reports have been submitted to the City. NO profit margin
adjustment will b8allowed.
36. Suspension mfWork
The City may suspend, in writing,all or portion of the G8miC8 under this AO[B808Ot if unforeseen Cin:u0St8OCSS beyond the
Qty'S COOt0| are interfering with normal progress of the Service. The Contractor may SUSp8Od, in writing by via 808i| or
certified mail,all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are
interfering with normal progress of the Service. The Contractor may suspend Service VO the Project iOth88VeO1thRCitvdO8S !
not pay invoices when due,except where otherwise provided by this Agreement. The time for completion Of the Service shall
be extended by the number of days the Service iasuspended. |f the period of suspension exceeds ninety/8O\days,the terms
of this Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service On the
suspended portion[f Project in8CCord8mC8withG8SbOn2O.T8nnin8UOn.
37. Provision nfServices
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted
industry p[3CtioeS, a1eOdGnda and legal mquimmnnto, and to the C|h/'o satisfaction; the City decision |n that regard shall be
UO8| and SUOC|uu|vo. The City may |nopoot' oUoomo and examine the performance Ofthe mumiQa6 performed on the City
premises at any time. The City may inspect, observe and examine the performance of Contractor's unmiuen at nomnunab|e
U08S vvi�hUu�O0UV8 ��8Oy0tho[pmm|uou '
' ' � |
G. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the .
Contract requirements for any reason,other than as a result of the City's default or negligence,the Contractor shall,
at its own expense,reschedule and perform the services correctly within such reasonable time as the City specifies.
This remedy shall be in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be SO|8|y responsible for controlling the manner and 088OS by which it and its Contracted
Personnel or its SUbcVntn8ctDnG perform the S8rviC8S. and the Contractor shall ObS8m8, abide by. and podbRD all
nf its obligations|n accordance with all|e08| requirements and City work rules.
38. Assignment |
This Contract,or any interest herein,or claim hereunder,shall not be assigned or transferred in whole or in part by Contractor
t0 any other person OrenUtvvvithUu��h8priOrwri�8nSOnS6n�Of1h8 �itv. In �
' . |
assignment is granted,then the assignee shall assume all duties,obligations,and liabilities of Contractor stated herein. �
39. Nu Conflict ofInterest
Contractor represents that it or its employees d0 not have any interest and shall not hereafter acquire any in0mme[ direct or
indirect,which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that
i1 will not hire anyone O[any entity having such 8 conflict Of interest during the performance Of this Contract.
40. Contract Preservation
If any provision of the AOrgo09n[ or the application of such pmv|oion, oho|| be r8OdRn3d or declared invalid by 8 Court of
competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this
Agreement shall remain in full force and effect,
|f any provision of this Agreement |sin direct conflict with any statutory provision of the State of Washington, that provision
which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and Sh8U be deemed modified to
conform tO such statutory provision
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~ ^ "
41. Promotional Advertising/News Releases
Reference k)Ur use Of the City,any 0f its departments, 8g9OciemOrOthorGubuOUa,oranyUffioia|or80olovaaforoomm8rcia|
promotion ioprohibited. News releases pertaining to this procurement shall not be made without prior approval of the City,
R8|88Sn of broadcast e'm8i|u pertaining to this p0oUr908Ot shall not be made without prior written authorization of the
contracting agency. '
42. Time iamf the Essence
Timely provision{f the services required under this Contract shall b9of the essence 0f the Contract, including the provision of
the services within the time agreed Urono date specified herein.
43. Expansion Clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item/service normally
offered hy the Contractor,8S long 8S the price Of such additional products|S based on the same cost/profit formula 8S the listed
item/service. At any time during the term of this contract, other City departments may be added to this contract,if both parties
agree.
� 44. Ownership
�
/ All material produced 8So result Of this Contract shall b8 the exclusive property uf the City. Additionally, the City shall have
' unrestricted authority to o2p0dUC8. distribute, and use any submitted [eport, template, data, or material, and any associated
' documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract,
45. Safety Requirements
All materials, equipment, and supplies provided to the City or used to provide services to the City must comply fully with all
safety requirements,federal,state and local laws,ordinances,rules,regulations as setforth by the State of Washington RCW's,
VVAC'e and all applicable OSHA Standards. -
46. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's
' Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extens ions.
47. Notice nf Change|n Financial Condition
If,during the Contract Term,the Contractor experiences a change in its financial condition that may affect its ability to perform
under the Contract,or experiences a change of ownership or control,the Contractor shall immediately notify the City in writing.
Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds
for Contract termination.
48. Facility Security
The City may prohibit entry k)any secure facility,or remove from the facility,a Contract employee who does not perform his/her
duties in a professional manner,or who violates the secure facility's security rules and procedures. The City reserves the right
tV search any person, property,nr article entering its facilities.
'
49. Waiver ofBreach
A*m|w8[ by either p8hv hereto of breach of the other p8dv hereto of any covenant or condition of this Contract shall not
impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay O[failure Ofeither
party to insist upon strict performance of any agreement,covenant or condition of this Contract,or to exercise any right herein
given iO any one O[more instances, shall not b8 construed 8Se waiver O[relinquishment of any such agreement, covenant,
condition orright.
50. Integration
This Contract,along with the City nfY8ki08'wRFP121O4P and the Contractor's response bo the Request for Proposal('RFP").
represents the entire understanding Of the City and Contractor 8S02those matters contained herein. ND prior oral orwritten
understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not bamodified
or altered except iO writing signed by both parties.
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51. Force Majeure
Neither party shall beindefault by reason ofany failure in performance of this Agreement in accordance with reasonable
control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts Df God Orthe
public enemy, acts of the government in either its sovereign or contractual capacity fire,floods, strikes,epidemics/pandemics
and quarantine mSthnUOnS, war, riot, delay in t[8OSpUd8kiUO or railcar transport shortages,freight embargoes and unusually
severe weather, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the
event or any such delays(acts or God, etc.)the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
52. Governing Law
This Contract shall bS governed by and construed |n accordance with the laws Of the State ofWashington.
53. Venue
The venue for any judicial action VD 8OfOnC8 or interpret this Contract 8hoU |i8 in a court Ofcompetent 'VhodiCUOO in Y8hiDo8
County,Washington,
54. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by
Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of
�
this Contract,
55. Change mrNotice
Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without
such signed documentation shall Unvalid. No alterations outside of the general scope and intent of the original Request for
Proposals orin excess uf allowable and accepted price changes shall Uemade. '
|nno event shall the Contractor b8 paid Orb8 entitled k)payment for services that are not authorized herein 0r any properly
executed amendment.
Notice of Business
- Chanqes: Contractor shall notify the City in writing within three(3)business days of any change in
ownership Of the facilities{f the Contractor O[0f the facilities of any subcontractor. The Contractor shall notify the City|n
writing as soon as possible, and in no event later than three(3)business days, after any decision by the Contractor to
change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a
change in g0YS0iOg law U[policy that, in the SO|G discretion of the City, either substantially and uOFS8SUO8b|y enlarges the
Contractor's duties hereunder,or renders performance,enforcement or compliance with the totality of the Contract impossible,
patently UnnS8SOn8b|8' or unnecessary. Notices and d8D08ndS under and related to this Contract shall be in writing and sent
hn the parties nk their addresses aofollows:
TO CITY: TO CONTRACTOR:
Susan KnoUo, Buyer|| Sheila Leslie
- � �
Purchasing Contract Administrator . �- President
—
City OfYakima _ pPC Solutions, Inc. _
129 North 2ndstreet
Y3NO3,WA 90901 ���m��V�K��YV889Q1h
' ' �
56. Survival
The foregoing sections of this Contract,2-56 inclusive,shall survive the expiration or termination of this Contract in accordance
with their terms.
RFP12104P Armed Security Guard and Other Services'City wfYakima
63
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IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY IMA PPC SOLUTIONS INC.
1,,L, , t(t '.--:),(: .).1 .....,
By: —City Manager
Date: ) , 1...) i e ' ' April 26,2021
Date: Apr 26,
Leslie
. ,..
tees. , ..., ,,,,, -*Q.( me)
.IV
eP NIk
City Clerk ..z.ss, a ,,,,, i ,,,,,,,.,,..,1
Yi',, ''° 'N. 4, e '
ti rt VN,
STATE OF ‘..t.,ef re, ) 1 )(1 '''
)ss.
COUNTY OF 1 v)le
, ....,
CITY CONTRACT NO (
RESOLUTION NO I"Or
RFP 12104P Armed Security Guard and Other Services-City of Yakima
64
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City mfYakima
NOTICE TO PROPOSERS
RFPNO' 12104P
Notice is hereby given by the undersigned that electronic sealed Requests for
Proposals will be accepted via PublicPurchase.com until the hour of 11:00:oo AM
PST on April 16, 2021. RFPsxviU be publicly opened in Yakima City Hall, Council �
Chambers, 129 N. 2nd Street Yakima, Washington 98901. At such time, �
Proposers names will be publicly read for: Armed Security Guard and Other �
Services.
| Due to the CC}V|D'19 pandennic and the Governor's order against public
gatherings, our public bid openings will now be conducted via live stream
| through our City of Yakima YPA[ Division. The link to view the public bid
|
� opening remotely is as follows:
stneanm/. ---- — �--
-
A pre-proposal site visit of the Richard A. Zab' Jr. Law and Justice [enter or
Seasons Performance Hall may be requested by appointment only. of
PPE and social distancing will benmanclatpry during any site visit.
Instructions to register with PubUoPurchase.com are available at
The City of Yakima reserves the right to reject any & all RFPs. The City hereby
notifies all Proposers that it will affirmatively ensure compliance with WA State
iavv Against Discrimination (R[VV chapter 49.60) & the Americans with
Disabilities Act(42US[ 121U1etnet.) `
Dated March 19, 2UZ1. Publish on March 19&2O 3021
Susan Knotts, CPPO,CPP8
' 8uyerU
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CITY OF YAKIMA REQUEST FOR PROPOSAL # 12104P
SIGNATURE SHEET
THIS IS NOT AN ORDER
RFP Release Date: March 19, 2021
Proposal Receipt: Proposers must first register with PublicPurchase.com and Proposal shall be completely uploaded into
PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due
date to upload your documents, as this may take some time. Late Proposals will not be accepted or evaluated. If you try to
submit a Proposal late, the electronic system will not receive it. Proposal openings are public. Proposals shall be firm for
acceptance for ninety(90) days from date of Proposal opening, unless otherwise noted.
RFP's ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For: Buyer in charge of this procurement(Contact for further information)
City of Yakima Susan Knotts, CPPO, CPPB
129 N. 2nd Street Buyer II
Yakima, WA 98908
Proposals Must be completely uploaded by: Public Opening E. Phone E-Mail Address
April 16, 2021 at 11:00:0o AM PST (509) 575-6095 Susan.KnottsgYakimaWkGov
PROJECT DESCRIPTION SUMMARY
Armed Security Guard and Other Services
.1„c "5•4
" 1101111110,1PIRIEN f
Enter Prompt Payment Discount: %net days We/I can start service within days after receipt of Notice of
Award.
0 Check if you are a WMBE or DBE Vendor and list certification Number:
0 I hereby acknowledge receiving addendum(a) „ (use as many spaces as addenda received)
In signing this Proposal we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise
taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Proposal; that
this Proposal has been independently arrived at without collusion with any other Proposer,competitor or potential competitor;that this Proposal has not been
knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor;that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Request for Proposal and all terms of our Proposal.
Company Name Company Address
Name of Authorized Company Representative(Type or Print) Title Phone (
Fax
Signature of Above Date Email Address
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TABLE OF CONTENTS
1. DEFINITIONS 5
The following definitions of terms shall apply, unless otherwise indicated: _~____~,,,-_,^__....~ ......^..~'~5
U. GENERAL INFORMATION 6
1. Introduction , .......... �
2. Scope and Objectives
3. Background and Current Operations................................
__-"r.�,_��_�'.��__,_~_~'____-_,__^_"--.�
4. Contracting Agency and Point ofContact ~^`^,~__~ ~,.___.~-~, . ^_=-° ~.18
5. Provisions ofServices ....^~~=.~''"..^'.__^__.~__.__'^.,°~ =-8
G. Contractor Compliance and Responsibility for Aciona, ....... .. 48
7. Public Records Access ^^^.,..^^..°^~..~`~~" _~ _°..=.°'^°°.-._.~^~_~~.~!9
8. Proprietary Information
9. Requests for Public Disclosure ,,` .,~^_~~-^`°,-~-~--.,~--,~�_._,�_°_~e,.^-j@
10. Retention ofRights ......
11. Clarifications and/or Revisions to Specification and Requirements ^ ...... . �9'
12. News Releases................................----.......~_..._._".-`.^~.~"-°......__m ...... 10
13. Proposer Conference and Site Vioit.,.... .�_�_-. �,__=��_� ���........
14. Examining Documents& Facilities..... _. ._., ........_,°°~ ......_,___~_._,._~.°,10 -
15. Calendar of Events .-°- ........... ~^_~._~1Q
16. Contract Term.................................____� _.° ' - 11�
l/. Incurring Costs .......
18. No Obligation to Contract __ ......
iQ. Women & Minority Business Enterprises and Disadvantaged Business Enterprises.... _~=_,~_°_,11
20. Best Modern Practices
21. More orLess
22. Other City Items Added
23. Payment Terms and Invoicing
Uk PREPARING AND SUBMITTING A PROPOSAL 12
1. General Instructions............................................................. ~~_°~~.......^~.,_°~___...~.~.^~^~-_.12
2. Submitting oProposal ....... ,...........12 "
3. Multiple Proposals -,_. ...... ~.12
4. Withdrawal ofProposals .......^_,�_^.�~.�____._.12
5. Organization and Format of Required Proposal E|ements._=, °_~=........._, ___ _ _~.^'12
- �
G. Deviations and Exceptions "",r,...^`°.x,.°,° ......._^..~.~,_~_^^.~.^_^^~_14
7. Prohibition uf Proposer Terms &Conditions � - ,,'_^ t4 '
RK PROPOSAL REQUIREMENTS 14
1. Mandatory Proposer Qualifications ~ ,`_~_. . __. .......��~��_`_-14
2. Mandatory Contract Performance Requirements................ .~.°,,......°�~=_,_^................~__...__~,1G
3. General Requirements ...�� ._.18
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4. References �_.. , . 19
5. Questionnaire _"�_,� ~�,____._ 9
V. COST PROPOSAL ^ 19
1. General Instructions for Preparing Cost prupoaals___ ...... . .^.^~~~~,18
2. Total Project Cost 19
3. Pricing and Discount ^ _ 2O
4. Pricing Clarification ^.�°r°,=`'-_-.`.-_,-_.-_.-_..-`_.-_,20
5. Prompt Payment ~~2O
VI. EVALUATION AND CONTRACT AWARD 20
1. Preliminary Evaluation . ..^.,°.u~~..~.~._.--..^.~~"`_^~.~.~.~-^~20
2. Proposer Presentations/Scoring.......................................`___f__��_,� �__�_ _^�__,_. 2O
3. Evaluation Criteria ....31
4. RFPEve|ucdion ..........^°.21 �
�
5. Award/Best and Final Offers ^ 1
G. Tied Score -, ^. `,~ _~^-__~`»_".�~=,_~--~.~_..21
7. Offer in Effect for Ninety(0U) Days 'n�'re_._y �_ � ..........
8. Notification of Intent bo Negotiate/intent bz Award................ ,__� ___'~=,33
Q. Right ho Reject Proposals and Negotiate Contract Temns~_.--_"~°-. _.°.~~°--~_^_="~^~..v~_~°2� !
!
10. Protest Procedure - __~.-, '~ 22 /
VI|. COST PROPOSAL FORM 23
�
ViU. PROPOSER QUESTIONNAIRE 26
|X. PROPOSER REFERENCES 30 |
X. SAMPLE CONTRACT 31
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The following definitions m0 terms shall apply,unless otherwise indicated:
"Buyer" means the contact person listed on page 2of this document.
"Citw" means the City of Yakima,Washington. �
"Contract" means written agreement between the "City" and the"Contractor" (or"Successful Proposer")that
covers the delivery of work 1obe performed subsequent to this RFP.
"Contract Manager" means the individual in the City of Yakima Purchasing Division (Buyer) responsible for
managing this RFP and subsequent contractual issues.
"Contractor" means the Proposer that is awarded a Contract under this RFP and its employees or other
personnel (including officers, agents and subcontractors) provided by the Contractor to perform work under
this Contract.
"Departrnmnt" means the City of Yakima, Department/Division.
^Execmt|ve" means the City of Yakima City Manager.
"Project Manager" means the individual in City of Yakima Departments/Divisions and/or on assigned
individual from the Contractor responsible for administering day-to-day operational matters of the Contract. _
"Proposal" means the complete response of proposer submitted on the approved forms and setting forth
the pnoposer's prices for providing the services described in the RFP.
"Proposer" means any individual,company, corporation, or other entity that responds to this RFP.
"RFP" means Request for Proposal.
"SOW" means Statement ofWork.
' "Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the
requirements and performance obligations of the Contract.
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RFP # 12104P
Armed Security Guard and Other Services
L 11 �������������
1' Introduction
The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable
them to prepare and submit o proposal for Armed Security Guard Services. The City of Yakima (referred to
as "City"throughout this document), Yakima Police Department along with the Yakima Municipal Courts and
City ofYakima Parks Division, as represented by City Purchasing, intends to use the results of this solicitation
to award a contract for such services.
'
2. Scope and Objectives
The City of Yakima Municipal Court and Yakima Police Department, are requesting Armed Security Guard !
services at the Richard A. Zais,Jr. Law and Justice [enter:Yakima Police Department Municipal Court, Legal
Department, and at the current location for the Community Diversion Program at the Seasons Performance
Hall. Security guards will operate the security screening post when entering the Lovv and Justice Center's
front lobby area and control pedestrian access when reporting to the Community Diversion Program
currently located at the Season's Performance Hall. The screening post's equipment may include; an x-ray
machine, o magnetometer, and a hand-held metal detector. Additionally, screening staff will provide
physical ~hand checks" of purses, briefcases, and
other containers. All individuals entering the Facilities
must pass through the security screening post.
Additional services included in this solicitation are; as-needed, prisoner watch for the Yakima Police .
Department, event security, unlock/lockup services of facilities at City owned park, and dedicated site '
patrol. .
3' Background and Current Operations
ABOUT THE CITY
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central
Washington State. It encompasses 28.7 square nni|as in an area of rich volcanic soil. The City is 145 miles
southeast of Seattle, and 200 miles southwest of Spokane, Washington.The region is served by rail, highway !
and air transportation facilities, which have helped develop the City as the commercial and business center
of Central Washington. With o 2016 population of 93'986 Yakima is the ninth largest city in the State of
Washington.
The City provides the full range of municipal services contemplated by charter orstatute. These include
public safety (police,fire, and building), public improvements (streets, traffic signals), sanitation (solid waste
disposal, sanitary wastewater utility), water and irrigation utilities, transit, community development, parks
and recreation, an airport with an air terminal, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears,
grapes, and other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the
top agricultural producing areas of the nation.There are over 400,000 acres of Agriculture zoned land within
the County which produce over thirty types of fruits and vegetables. With its farm production base, the
Yakima area iso major food packing and processing region.
Adding to the area's economy are over2SO manufacturing firms in the Yakima area that produces a variety
of products including wood products, packaging, plastic products, produce and aircraft parts.
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BACKGROUND
The Dick Zab Law and Justice [enter located at 200 South Third Street houses the Yakima Police
Department, including the City Jail, Yakima Municipal Courts and the City Legal Department. This building
has one public entrance located on the east side of the building. It houses approximately 200 employees
and holds court 3 times a day, with up1o5O participants each session four days aweek. This building isalso
where the public comes to report a crime, inquire about a current investigation,and to pay any tickets,fines {
or court fees. '
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The Seasons Performance Hall at 101 N. Neches Ave Yakima, WA 98901, currently hosts the Legal
Department Community Diversion Program. The City of Yakima is responsible for the facility during the
Community Diversion Team Meetings. The Seasons Performance Hall holds approximatek/ 1SO people and
has two public entrances and exits, one which will be locked while the Community Diversion Team Meetings
are in session, leaving the main entrance and exit open for participants.
The Yakima Police Department, on occasion, requires armed prisoner watch services when an inmate needs
medical care beyond what the City jail can provide.
The City ofYakima Parks and Recreation Division has thirty four (34) parks throughout the City, ranging in
location from the Yakinno's West Valley area 10 East Yakima. The City perks contain: a nature trail and duck
pond; outdoor pool and water playground; baseball and soccer fields; tennis; pickle-ball; basketball; and
volleyball courts; skate park; horseshoe pits; play equipment; gazebo; picnic shelters and tables; a
concession stand, and restnoonm facilities which are open to the public from DAWN to DUSK(during summer
approximately 6:ODAM to 10:00 PM).
CURRENT OPERATIONS
�
At the Loxv and Justice center there are two armed uniform security guards on duty during the hours the
facility is open to the public. The security guards do a sweep of the courtrooms and bathrooms 15 minutes -
prior to the building being opened to the public. After the building is open, the security guards screen all
pedestrians es they enter the facility. One security guard monitors all pedestrians who are physically able to
pass through the metal detector and/or uses the hand-held metal detector. This security guard may also do
o physical check, if needed, while the other security guard does a physical hand check of all purses,
briefcases, and other containers and items. At the end of the day, after the building is dosed to the public,
the security guards do another sweep of all the courtrooms and bathrooms for any pedestrians that might
still bein the building or items left behind.
In September 2016, the Legal Department started the Yakima Community Diversion Program. The
Community Diversion Program participant and team meetings take place twice a month on the Z"u and4m
Tuesday of the month from 8B0 AM to 10:30 AM at the Season's Performance Hall. One (1) uniformed
security officer is needed to provide access control at the main entrance and monitor guest waiting for their
appointment to ensure the safety of staff and public; enforce City rules; deter disruptive behavior,
vandalism of the facility or other issues that may negatively impact Community Diversion services; and
submit any incident report, if warranted, after each shift. This location may change in the future.
The City ofYakima Police Department also uses prisoner watch from time to time. This service is rarely
needed and is only needed ona |ouo| basis, within the Yakima County, when a prisoner requires medical
care within a local medical facility for two or more days.
On a seasonal basis,the City of Yakima Parks& Recreation division uses unarmed uniformed security officers
for|ock/un|ouksen/ices at up to eleven (11) different City perks. These parks range in location from 1323 S.
801hAvenue in Yakima's West Valley area to 1501 E. Maple Street in East Yakima. These services are
performed seven (7) days a week and include: performing a thorough walk through of each reatnoom facility
when the parks dose at night, ensuring res1roonm facilities are vacant before properly securing any and all
entrances to the nes1voom facilities; while deterring any loitering, trespassing and other vagrancy; and
officers unlocking and opening the restroom facilities when the park opens. During opening and closing of
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the parks' res roomn facilities, officers detect and deter any criminal octivity, and document any graffiti, |
vandalism and/or damages(s) by preparing a complete incident report, including photographs.
The City of Yakima Parks and Recreation Division,during a normal summer, also uses event security services,
consisting of one totwo officers for their Summer Concert Series. The Summer Concert Series consists of
approximately nine (9) live music concerts. These concerts are typically held at Franklin Park ot21D1Tieton |
Dr, Miller Park at SO2 N. 4mAve, and MLK]r. at South Dm Street and Beech, on Fridays from approximately �
6:OOPK81o9:0U PM,and Saturdays and Sundays from approximately 2:30PK0toA:30PM.
4. Contracting Agency and Point ofContact
This RFP is issued by the City of Yakima Purchasing Division. The person responsible for managing this RFP
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date uf release of
this RFP until a Notice of Intent toAward the Contract is issued, all contacts with City employees, and other
personnel performing official business for the City regarding this RFP shall be made through the Buyer listed
on page 2. Contact with other City personnel regarding this RFP is not permitted during the procurement
process and violation of these conditions may be considered sufficient cause for rejection of a Proposal and
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disqualification of the Proposer. '
5. Provisions ofServices
The Contractor shall provide the services set forth herein with all due skill, care,and diligence, in accordance
with accepted industry practices, standards and |eQo| requirements, and to the [ity's satisfaction;the [ity's
decision in that regard shall be final and conclusive. The City may inspect, observe and examine the
performance of the services performed on the City premises at any time. The City may inspect, observe and
examine the performance of Contractor's services at reasonable times, without notice, at any other
premises.
If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ
from the Contract requirements for any reason, other than as a result of the City's default or negligence,the
Contractor shall, at its own expense, address and correct service issues or deficiencies to City's approval
within such reasonable time as the City specifies. This remedy shall be in addition to any other remedies
available to the City by law orinequity.
The Contractor agrees to abide by and shall be solely responsible for controlling the manner and means by
which it and its Contracted Personnel perform the services, and the Contractor shall observe, abide by, and
perform all of its obligations in accordance with all legal requirements, rules and regulations as prescribed
herein and as prescribed by the City as the same now exists or may hereafter from time to time be changed
in writing,
6. Contractor Compliance and Responsibility for Actions |
The Contractor shall at all times comply with and observe all federal, state and local laws, ordinances, and
�
regulations that are in effect during the term of this Contract that may affect the Contractor's work or |
obligations hereunder. �
The Contractor shall be solely responsible for its actions and those of its agents, and employees under this
Contract, and neither the Contractor nor any of the foregoing parties has authority to act or speak on behalf
of the City.
The Contractor shall:
^
o. Perform those tasks and deliver the services identified in this RFP and its response thereto.
b. Comply with all security and safety regulations in effect.
c. Assign, as needed, qualified personnel, agents or representatives to assist in fulfilling its performance
under the Contract.
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d. Appoint Project Manager (the "Project Wlanuger") for liaison and consultation with the City. The
Project Manager nhoU have authority to make managerial and technical decisions concerning the
services deliverable under the Contract.
e. Correct any errors in the services found by the City or the Contractor.
' f. Perform work assignments at alternate locations as the need arises. These situations may include, but
�
are not limited to, a pandemic, natural disaster or closings of City buildings. Under such
circumstances, the City shall be required to promptly contact the Contracted Personnel involved and �
� provide the detail of the communication and instructions in a timely manner. ^
7' Public Records Access
It is the intention of the City to maintain an open and public process in the solicitation, submission, review,
| and approval ofprocurement activities. Proposal openings are public.
8. Proprietary Information
Any consideration of proprietary information is the responsibility of the Proposer to object to through the
courts following third party notice, not the City.
All information submitted in response to o request for public disclosure will be handled in accordance with
applicable City procurement regulations and the Washington State Public Records Act (RCVV42.S6etseq.).
It is the Proposer's responsibility to defend the determination in the event of an appeal or litigation. �
Unless otherwise noted, data contained in proposal, all documentation provided therein, and innovations
developed as a result of the contracted commodities or services cannot be copyrighted or patented. All
data, documentation,and innovations become the property of the City.
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9' Requests for Public Disclosure
Washington State Public Disclosure Act (RCVV 42.56 et seq.) requires public agencies in Washington to
promptly make public records available for inspection and copying unless they fall within the specified
exemptions contained in the Act, nr are otherwise privileged. All documents submitted relation tothese
Specification shall be considered public records and, with limited exceptions, will be made available for
inspection and copying by the public. It is the intent of the City to pout all RFP responses online and
available tn the public after the contract issigned,
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject
such submittal. If, in the Cit/s opinion,the material is subject 1odisclosure, the City will notify Proposer of
the request and impending release which will allow the Proposer 10 days from notice to take whatever
action it deems necessary to protect its interests. All expense of such action shall be borne on|e|y by the
Proposer, including any damages, attornev'sfees or costs awarded by reason of having opposed disclosure
and Proposer shall indemnify City against same. |f the Proposer fails or neglects 10 take such action within
said period, the [by will release all materials deemed subject to disclosure. Submission of materials in
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response to this solicitation shall constitute assent by the Proposer to the foregoing procedure and the
Proposer shall have no claim against the City on account of actions taken pursuant to such procedure.
10. Retention of Rights
The City retains the right to accept or reject any or all proposals if deemed to be in its best interests.
All proposals become the property of the City upon receipt. All rights, title and interest in all materials and
ideas prepared by the Proposer for the RFP proposal to the City shall be the exclusive property of the City
and may be used by the City at its option.
11' Clarifications and/or Revisions tm Specification and Requirements
If a Proposer discovers any significant ambiguity, error, conflict, discrepancy,omission, or other deficiency in
the solicitation,the Proposer has an affirmative duty to immediately notify the Buyer of such concerns and
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request modification nr clarification of the RFP Specifications.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or
additions concerning the subject matter of the RFP document(s) shall not be considered unless submitted !
via e-mail (no phone calls) to the Buyer listed on page Z' a minimum of five business (S) days prior to the .
submittal due date. '
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In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFP, supplements or revisions will be provided to all known Proposers in the form of on
Addendum. All Addenda are posted on ing and
ob �omnand/orsent directly to interested parties who have registered for updates to this
RFP.
If any requirements of the RFP are unacceptable to any prospective Proposer, they may choose not to
submit aproposal.
12. News Releases |
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News releases pertaining tothis RFP ortothe acceptance, nejection,oreva|uation of Proposals shall not be
made without the prior written approval of the Buyer listed on page 2.
13' Proposer Conference and Site Visit
A pre-proposal site visit of the Richard A. Zais,Jr. Law and Justice Center, 200 South Third Street,or Seasons
Performance Hall, 101 N. NaohesAve., maybe requested between March 19, 2021 and April 8, 2021. To
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schedule an appointment, please contact Susan Knot±satSO9'57S-6O9S.
Due tothe COV|D'19 pandemic and to ensure the safety uf our employees and contractors, all site visits
shall be conducted asfollows:
w Each Contractor is required to maintain at least six (6) feet of separation from City stuff as well as all
other personnel and Contractors present. ' |
° Every person at the site visit io required to wear a face mask. Masks will be provided by the City upon /
request. Additional personal protective equipment(PPE) may be used by the Contractor or staff and is
encouraged. Only Contractor with the required PPE can participate in the site visit.
14' Examining Documents&&Facilities
The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and
examined all facilities and all relevant documents and acknowledged all requirements contained herein
before proposing.
16. Calendar ofEvents �
Listed below are important dates and times by which actions related tothis RFP may be completed. In the �
event that the City finds it necessary to change any of these dates and times it will do so by issuing an
addendum to this RFP.
DATE JVENT
March 19,2021 RFP Issuance
-------------
March 19—April 8,2021 Pre-Proposal Site Visit-BY APPOINTMENT ONLY
See Section 13 above to schedule an appointment
April 9,2021 Due date for written questions
April 12, 2021 Addenda-Written answers provided (target)
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The schedule of events after the Proposal due date will be handled as expeditiously as possible, butthereis
not set schedule. An Evaluation Committee will be formed twevaluate proposals and may choose to
interview/ Proposers and/or make site visits. Every effort will be made to notify short-listed proposers of
important post-opening dates.
� 16. Contract Term !
See Section 3ofContract.
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17. Incurring Costs '
The City is not liable for any cost incurred by Proposer in the process of responding tothis RFP including
but not limited to the cost of preparing and submitting a response, in the conduct of presentation, in
facilitating site visits or any other activities related to responding to this RFP.
' 18. No Obligation tmContract
This RFP does not obligate the City to contract for serviue(s), or product(s) specified herein. The City
reserves the right to cancel or reissue this RFP in whole or in part, for any reason prior tothe issuance of
Notice of Intent toAward. The City does not guarantee to purchase any specific quantity or dollar amount.
Proposals that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified
(e.8. "all-or-none".)
19' Women&Minority Business Enterprises and Disadvantaged Business Enterprises
Per Resolution No. D-4816, it is the policy of the City of Yakima that women and minority business
enterprises shall have the maximum opportunity to participate in the performance of work relating to the
[ity's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance
with state and federal rules and regulations to ensure women and minority business enterprises the -
maximum opportunity to compete for and 10 perform contracts.
20. Best Modern Practices
All services and work, including design, shall be performed and completed in accordance with the best
modern practices, further, no detail necessary for safe and regular operation shall be omitted, although
specific mention thereof may not be made in these specifications.
21. More orLess
Services and quantities, referring tothe number of security guards, armed security guards, days and hours
worked, are based on estimated needs and shall be bid on a MORE OR LESS basis. For the purpose of
comparison, proposals shall be made for the services in the quantities listed in this specification. Listed
services and quantities shall not be considered firm estimates of requirements for the year, nor shall the City
be bound mrlimited to the services and quantities listed. The City reserves the right tn increase ordecrease
quantities and services to meet actual needs. Payment will be mode only for the services and in the
quantities actually requested/ordered, performed/delivered, and accepted,whether greater or less than the
stated amounts.
22' Other City Departments/Like Items Added
At any time during the term of this contract, or any extension thereof, other City departments may be
served under these same terms and conditions. Additional like services may be added ot the request ofthe
Purchasing Manager.
23' Payment Terms and Invoicing
The City normally will pay properly submitted Contractor invoices within thirty (30) days of receipt,
providing goods and/or services have been delivered, installed (if required), and accepted as specified.
Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City will
seek reimbursement of the overpayment or will withhold such overpayment from future invoices.
1%1D4p Armed Security Guard Services Page11nf43
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Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal tothe correct address for
processing.
A good faith dispute creates an exception to prompt payment.
ITTI L
1' General Instructions
The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plus
references, any on-site visits and/or best and final offers (BAFOs) where requested. Failure to respond to
each of the requirements in the RFP may be the basis for rejecting aProposal,
2. Submitting eProposal |
Proposals shall be completely uploaded into Public Puruhase.onn no later than the date and time listed on '
|
Page Z of this RFP. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late' |
the electronic system will not receive it. �
�
If City Hall is dosed for business at the time scheduled for opening, for whatever reasons, Proposer'x !
response will be opened on the next business day of the City, at the originally scheduled hour.
Proposers must submit their response electronically through PublicPurchase.com where they will be kept in
an electronic |ockbmx until date and time of opening. To register as a Vendor/Proposer with Public
Purchase or to the City of Yakima xvabs�e at
The City is not responsible for late proposals due to operator
error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the
processing of any proposals. The Purchasing Manager reserves the right to make exceptions for extenuating
circumstances.
Any sections deemed by proposer to be confidential per Washington State Public Disclosure Act(RCW 42.56
etxeq.) shall he separated from the main document and uploaded to Public Purchase in a separate file
marked "confidential". All other sections of the response shall be made available to the public immediately
after contract signing. All materials required for acceptance of the Proposal by the deadline must be
uploaded to Public Purchase.
3' Multiple Proposals
Multiple Proposals from o Proposer will be permissible; however, each Proposal must conform fully tnthe
requirements for proposal submission. Each such Proposal must be submitted separately and labeled as
Proposal#1, Proposal#2, etc. on the first page of their response.
4' Withdrawal mfProposals
Proposers may withdraw or supplement a proposal at any time up to the proposal closing date and time. If
a previously submitted proposal is withdrawn before the proposal due date and time, the Proposer may
submit another proposal a1 any time upto the proposal closing date and time. After proposal closing date
and time,all submitted Proposals shall be irrevocable until contract award.
S. Organization and Format mfRequired Proposal Elements
Proposers responding tmthis RFP must comply with the following format requirements. TheCi1v reserves
the r!ght to exclude any responses from consideration that do not follow the reguire format as instructed
_below.
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Proposals shall be organized and presented in the order and by the numbers assigned in the RFP with each
heading and subheading should be separated by tabs or otherwise clearly marked.
Tab 1'Table nf Contents
Provide a table of contents for the Proposal.
�
Tab 2-RFP Cover Sheet
Complete and sign the Signature Sheet,which is page 2 of this RFP solicitation. '
i
Tab 3-Transmittal Letter
The transmittal letter must be written onthe Propooer'sofficia| business stationery and signed by an
official authorized 10 legally bind the Proposer. Include in the letter:
1) Name and title of Proposer representative;
2) Name, physical and mailing address ofcompany;
3) Telephone number,fax number, and email address;
4) RFP number and title;
S) A statement that the Proposer believes its Proposal meets all the requirements set forth in the
RFP;
G) A statement acknowledging the Proposal conforms to all procurement rules and procedures
articulated in this RFP,all rights terms and conditions specified in this RFP; �
7) A statement that the individual signing the Proposal is authorized to make decisions as to the
prices quoted and that she/he has not participated and will not participate in any action contrary
to the RFP,
g) A statement that the Proposer will be making a number of representations outside of its formal
Proposal document in possibly, discussions, presentations, negotiations, demonstrations, sales or `
reference material and other information-providing interactions and as such hereby warrants that
the City can rely on these as inducements into any subsequent contract, and be made a part
thereof;
Tab 4'Response to Mandatory Requirements
Provide a point-by-point response to each requirement specified in Section |\( No's 1 & 2 of this RFP.
Responses that fail to meet the mandatory requirements shall be deemed non-responsive
Tab 5-Response tn General Requirements
Provide a point-by-point response to each requirement specified in Section |V, No. 3 of this RFP.
Responses to requirements must be in the same sequence and numbered as they appear in this RFP.
Tab 6—Sample Contract and Terms and Conditions
The Sample Contract provided with this RFP represents the terms and conditions which the City expects to
execute in a contract with the successful Propoxer. Proposers must accept or submit .
exceptionsalong with proposed alternative or additional language, The City may ormay �
not consider any of the Pruponer'o suggested revisions. Any changes or amendment 10 any of the Contract
Terms and Conditions will occur only if the change is in the best interest of the City.
Tab 7—Required Forms
Include here the completed forms required in the RFP if not required under another Tab. Failure to
complete and/or provide any required forms may result in disqualification ofproposal, including, but not
limited to:
* Cover Sheet—Required/n Tab#2
* Questionnaire—Required here/n Tab#7
* Cost Proposal—Required/n Tab#8
� Financial Review or Compilation Report by a CPA firm,which is not to be older than one (1)year.
Sample Contract—Required/n Tab#6
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Tab 8-Cost Proposal mmidentified in Section V. |
Provide all cost information according to the instructions provided. Include all costs for furnishing the `
product(y) and/orservice(y) included in this proposal. Identify all assumptions. Failure to provide any
requested information in the prescribed format may result in disqualification of the Proposal. |f service is
not provided please state so. Also include on a separate of all Optional Services
and the price for h service.
6. Deviations and Exceptions
Deviations and exceptions from original text,terms, conditions,or specifications shall be described fully, on
the proposer's letterhead, signed, and attached to the request. In the absence of such statement, the
proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the
proposers shall be held liable.
7' Prohibition of Proposer Terms&Conditions
A Proposer may not submit the Proposer'soxvn contract terms and conditions in o response to this RFP. If
a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal
1obea nonresponsive counteroffer,and the proposal may berejected. '
V, L U�������T' `
In xe|endn8 a Security Guard Service company, studied consideration will be given to the contents of
Proposals. Proposers should describe in great detail how they propose to meet the requirements attached
herein. The qualifications as set forth herein are designed toestablish experience criteria with which the
Proposer demonstrates their capabi|ityto provide Armed and Unarmed Security Guard Services totheCity.
All proposal submissions are based upon on understanding and commitment to the goals and objectives
below. Further,the decision of the City and the staff as to the acceptable qualifications of the Proposer shall
be final and binding without any right mfappeal.
The following requirements in Sections |V. 1 & 2 are rnmndm%mry and the Proposer must satisfy them at no
additional cost tothe City. Responses to each requirement must indicate that the Proposer either "does
comnp|y"with the requirement or"does not comp|y" explanation with any
followingof the irements will result in propoga|reiection and'removal from further consideration.
|f Proposer feels the Mandatory Proposal Requirements are proprietary, contact the Buyer listed on the
Signature Sheet to determine if requirements should bechanged.
1' Mandatory Proposer Qualifications
a. Proposer must have at least three (3) years of experience with current or recent verifiable
contractual experience, which required armed security guard services or similar security screening
services.
b' Security officers must have at least one (1) year mf verifiable experience in security screening and
related equipment operations within a court or similar security screening environment.
m. Contractor must have a Washington State Armed Security Guard License and supply proof of licensing
and renewals.
d' Contractor must supply proof of bonding and all renews for itself and its employees.
e' Security Guards must have a Washington State Security Guard Certification. Security Guards
providing armed services must have a Washington State Armed Security Guard Certification. All `
Security Guards, armed and unarmed, must provide proof when asked. Contractor must provide
copy with RFP response documents and proof mfrenewals.
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t Security officers providing armed services must be able to lawfully possess afireonm in Washington
State with a current firearm certificate and have at least two (2) years current and verifiable firearm
training and handling experience. Contractor must supply proof of firearm certificate and
training/qualifications, permits, and certifications with their proposal and provide proof ofrenewals.
g. All armed guards must participate in continuing firearm education. /
`
h. All guards must investigate and report all incidents involving the use or threat of use of0rearms.
' ~
L Security officers must have verifiable training in conflict de-escalation. �
]. Security Guards must have training with certificate in Blood-borne pathogens/infectious
disease/sharps handling and awareness.
k' Security Guards must be able to perceive color used for visual alarm by metal detector or on/off
switch and for other visual recognition purposes.
L Security Guards must have adequate reading skills in English, being able to read labels, identification
badges,credentials and etc.
mn. Security Guards must have the abilityto communicate effectively,verbally and in writing, in English.
' m. Security Guards preferred bilingual,with reading and writing in Spanish.
o' Security Guards must be able to reach all parts of a person's body with one hand. �
p' Security Guards must pass a drug test within fifteen (15)days of commencement of work for the City,
at contractor's expense,with proof supplied to the City.
q' Security Guards must be able 10 lift fifteen (1S) pounds.
_
r' Security Guards must be able to open latches, zippers, screw caps, and be able to feel
contents ofobag.
s. Security Guards must be able to demonstrate ability to operate equipment in a safe and proper
manner prior to being assigned to the Court.
it. Security Guards must be able to move quickly ifnecessary.
w' Security Guards must be able to stay on their feet for the majority of the shift.
v' Security Guards must have the ability to positively interact with the public.
m/. Uniforms: Security Guards shall look uniform in appearance by wearing Contractor's distinctive
uniform. While on duty and working for the City, Security Guards shall wear a dean, neat appearing
uniform. Uniforms shall be provided by the Contractor and consist of, but are not limited to,
approved uniform slacks, shirts, shoes' hats, jackets, badges, whistles, name tags and related
supplies. All shirts,jackets, or coats shall display the Contractor's name and logo. Uniforms shall he
distinctly different from those worn by Yakima Police Officers. �
o. Employees shall wear an identification tag or bar pin displaying his/her name, at all times. This tag or
bar pin shall be provided and paid for by the Contractor.
y' Firearms: For armed security guard services, weapons will be provided by the Contractor. Weapons '
shall be police duty-type semiautomatic pistols carried on a black leather or nylon police style duty '
belt. Firearms shall be secured ina Level III holster.
o' Radioa . The Contractor will supply their own hand-held radios to security officers for communication
as required,10 adequately perform their duties.
aa. Background Checks: Personnel must undergo a S'yearurimnina| history background check, initiated
and paid for byContractor. Initial background checks must be performed within thirty (3U) days of
award of contract and reports given to the City Representative at that time. Checks on any new
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employees hired during the term of this contract must be performed immediately and reports given
to the City Representative as soon ox they are available. !
i Security guard must not have been convicted of any crimes against any vulnerable
population in any degree in the preceding ten (lD) year period. Convictions prior to this |
period will be reviewed ona case by case basis. �
ii Security guard must not have been convicted of the crime of larceny or theft in any degree !
in the preceding five (S)year period.
iii No Proposer will be awarded or remain as the Contractor for Armed Security Guard and Other
Service who have been convicted of any crime relating to the security guard business and no
security guard will work for the City if convicted of any crime relating to the security guard
business.
ix. Contractor and security guards must be clear of any domestic violence, sexual or drug related
convictions. Contractor and security guards shall be free from any pending felony actions or
convictions.
v. Contractor shall maintain a drug free workplace and have in effect e drug and alcohol policy. �
No security guards may be under the influence or exhibit any signs of either alcohol, drug use, |
|
or both.
!
vi. Annually, during contract renewal, Contractor will provide the same background check for !
!
each employee working on this contract that was required when the contract was awarded.
vii Violation of, or failure to adhere to any of the above requirements shall be deemed sufficient '
cause for termination.
2. Mandatory Contract Performance Requirements
Proposer must agree to provide all deliverables identified in this section.
a. Security Guards must understand that they are representing the City of Yakima while at their post
and on duty and,aosuch; !
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i Conduct themselves in a courteous and professional manner while performing their duties.
ii Are responsible for acting in accordance with [ity's security guidelines and operating
procedures set forth by the City while on the premises and/or during duty.
iii The City retains the right to remove any guard(s)who in the opinion of the City Representative
does not meet the proper standards for customer service and performance.
k. 5taffing-|Reuu0 Contractor is to make sure that the personnel performing the duties
ss� th |hG �i d d� �o �h d d i d
posse s equo ua onynee e ope rm e u esassQne .
i General |
^^ Upon award of contract, selected Proposer must provide written post orders within
five (5) working days to the Court Administrator and building Manager of the Law and
Justice Center for approval. Post orders must provide detailed instructions to
assigned security officers and on-site supervisor osto their duties, responsibilities and
hours tobeworked.
• Contractor must provide back-up and break support and coordinate with the Court
Administrator to ensure proper coverage ismaintained.
• Replacement personnel must be provided by Contractor to cover vacations and sick
days. There must be no less than two individuals on duty at all times during the Court's
normal business hours.
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'. Submit any incident reports including photographs, it warranted,after each shift.
ii Law and Justice Center
• Assigned security officers will unlock/lock appropriate doors at 8 a.m. and 5 p.m.
• Contractor must provide two uniformed, armed security officers to staff the security
�
screening station in the front lobby area. Security guards are to screen all pedestrians
as they enter the facility. Security guards are to monitor all pedestrians who are '
physically able to pass through the metal detector, uses a hand-held metal detector or '
do a physical check if needed. Security guards are also to do a physical hand check of all
purses, briefcases, bags, containers, and items. The City shall determine what items are
not authorized and will provide awarded Contractor with a list and/or training after
Award. The screening station must be staffed for the hours of AM to S PM, Monday
through Friday' excluding City of Yakima recognized holidays: New Year's Day; Martin
Luther King Jr. Day; President's day; Memorial Day; Independence Day; Labor Day;
Veteran's Day;Thanksgiving Day and Thanksgiving Holiday (day following Thanksgiving);
and Christmas Day,
w The Contractor must also provide coverage to test all security equipment ,
start of the busnes -_day and to sweep the bathrooms, Court and lobby area after the
building closes. Sonnetimesa trail will Qo into the evening and the building will need to
remain open until the session is concluded in which overtime will be necessary on an as
needed basis to provide coverage until courtrooms and lobby area is clear atthe dose
of business.
0i. Community Diversion Court -
'• Uniformed security officers shall sweep the Court area, lobby, and restrooms, prior to
the start of Community Diversion Team mmeet!mR.
* Uniformed security officer shall monitor the front lobby area to ensure the safety of
staff and public, enforce City rules, deter disruptive behavior, vandalism, or other issues
that may negatively impact Community Diversion services. The screening area must be
staffed all hours while the Community Diversion Program is in session and until the
building is cleared ofparticipants.
iv, Lock/Unlock'Park Security
* Unarmed officers unlock restroonn facilities when parks open and lock restroomfacilities
when parks close(dusk),seven days aweek.
• Officer(s)to perform a thorough walk through of each facility when opening and closing
to detect and deter any criminal activity, and document any graffiti, vandalism and/or
damage(s) with photos, if possible. During closing and locking of the park facilities, i
officer(s) are to ensure restroomo are vacant before properly securing all entrances to
the facilities and deter any loitering,trespassing and other vagrancy.
x, Event Security
• Provide crowd control by monitoring and defusing disturbances and unexpected
situations, prevent injury and damage to venue& property.
• Within the event perimeter, monitor crowd for suspicious behavior and activity and
make sure there are no unattended bags, luggage orcontainers,
° Ensure exits are not blocked, including stage exits,and guests stay out of"Staff On|y"or
reserved areas.
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vi. Prisoner Watch
In addition to the requirements for a security guards and armed security guards above:
* Contractor must provide two(2)armed security guards for 24 hour around the clock
watch while prisoner is in medical care at a local provider within the Yakima County.
3' General Requirements !
The purpose of this section is to provide the City with a basis for determining a Proposer's capability to
undertake this Contract. Responses to this Section will hescored.
a. Experience
Describe background and operational expertise in security guard and armed security guard services.
Evidence supporting that the Proposer has this experience in providing security guard and armed
security guard services, citing the number of years and the locations at which such operations have
been conducted.
b' Organizational Capabilities
|
Describe your company's experience providing these services and/or services similar to those '
required by this RFPto customers of comparable size, scope and circumstance. Explain how your
company is structured. Provide an organizational chart for your company and include an issue
escalation process used to resolve any potential issues between the City and the Contractor during �
the Contract term.
�
c. Staff Key Personnel
Of critical importance in the evaluation of proposers will be the ability to provide resident
experienced,security guard and armed security guards to insure a quality program satisfactory to the
City.
Identify and provide a resume for the Project Manager that will be assigned to this project. The
Project Manager will be the primary point of contact for City and must be available on an as-needed
basis. Describe how the Project Manager will guarantee availability to City during the entire duration
of the project.
Identify additional key personnel from your company that will be assigned tothis contract, including
their current job title and the role they will play during the term of contract. For each staff person,
include brief resume with any pertinent licenses oracnreditationsand give at least one (1) example
of project where the staff provided similar services to an organization with needs similar tothose
described in this RFP.
Identify the Account Manager who will be handling all invoices and billing and will serve as the
�
account main point of contact for this contract.
|
If any of these contacts change during the contract term, the Contractor shall verbally notify the City
Purchasing Contract Administrator within twenty-four (24) hours of change and follow up in writing
within five (S) business days of the date ofchange. �
�
d' Financial Capability
Proposer shall submit either a current Financial Review or Compilation Report by a CPA firm, which is
not to be older than one (1) year, or a Financial Statement from their bank asserting that Contractor
has the Financial Capability to perform this contract. City reserves the right to use other means to
substantiate Financial Capability, e.8. D&B reports, BB8, or other means.
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e. Services Plan
| Explain how your company proposes to perform the security guard services requested: Armed
| Security Guard Services at the City of Yakima Law &Justice [enter; Security Services for Community
| Diversion Court a1 the Seasons Performance Hall; Event Security;Security Lockuo/Un|nckSemice; and
! . .
� Prisoner Watch. Describe how your company will provide for personnel back up during breaks,
vacations and holidays,sick leave, etc. �
'
f. Company's Hiring Requirements -
. Outline your company's hiring requirements, procedures and process. �
g' Literature and Brochures
If available, literature, brochures, etc., describing the operation(s) of the firm and such other
material(s) that may be useful in determining the service experience and reputation for quality and
cooperation mf the Proposer.
h. Access tnFacilities
If keys are issued to the Contractor,a fee will be charged to the Contractor for the loss of any keys or
the cost of changing of locks as the result of any loss of keys or misuse ofkeys by Contractor's
personnel. The sole discretion, regarding changing the locks, rests with the Facilities Management
Director,or designee.
I. Points Not Addressed
Proposers are encouraged to list any points not addressed in these specifications that they feel
improve nr enhance the operations of their teams orunits.
4' References
Using the attached reference form, provide at least three (3) references for organizations with whom your -
company has provided this or similar services over the last five (5) years. Include e contact name, email
address,telephone number,and a clear,concise description of the project.
The City will determine which, if any, references are contacted to assess the quality of work performed. The
results of any reference checks will be provided to the Evaluation Team for this RFP and will be used when
scoring the written proposal.
S. Questionnaire
Proposer must complete the Proposer Questionnaire Form on Section VIII and submit it with their proposal
response.
�N���� �����0����L
1' General Instructions for Preparing Cost Proposals
Proposer must submit a cost proposal under Tab D of their proposal. If proposer agrees to a||ovv other
governmental agencies to purchase goods or services from the awarded Contractor under the resulting
contract, price accordingly so other jurisdictions can perform an apples-to-apples comparison for their
resulting contract.
2. Total Project Cost
Proposer must provide a total project cost to include all the costs associated with this contract, including but
not limited tntraining, testing, equipment certifications, employee insurance, requisite services, materials,
work products and ancillary expenses.
Proposer nnux1 inform the City as to the hourly rote of pay for the on-site security officer assigned to the
Facility including straight time bill rate and wage rate, overtime, after hours and worked holiday bill rate and
wage rate. Use V||. Cost Proposal Form.
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Contractor and any subcontractors' travel expenses (e.g. airfare, lodging, and meals, insurance) and other
miscellaneous expenses related to the provision ofon'site services must be included in the proposed cos
and cannot bean additional charge. /
Contractor's expenses related to providing on-site services (e.8. computer, printer, miscellaneous
equipment) must be included in the proposed cost and cannot be at an additional charge.
{
Owner will coordinate and provide any requisite meeting space for on-site services.
3. Pricing and Discount
The City qualifies for governmental discounts. Unit pricey shall reflect these discounts. Unit prices shown
on the proposal or contract shall be the price per unit of sale (e.8, hour, ea.) as stated on the request or
contract. For any given item,the quantity multiplied by the unit price shall establish the extended price,the
unit price shall govern in the proposal evaluation and contract administration.
4. Pricing Clarification
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of the
Proposers. Such clarifications will he solely to provide consistent assumptions from which an accurate cost
comparison can baachieved. '
S. Prompt Payment
Proposers are encouraged to offer discount for prompt payment of invoice. Please indicate your discount
proposal on page 2of this document. |f awarded by the City, period ofentitlement begins only after:
o. Receipt ofa properly completed invoice
b. Receipt of all supplies,equipment or services ordered
c. Satisfactory completion of all contractual requirements
��. E�, 4,L COV,,�T*, 4,,CT j�,����,,_"Jk
1' Preliminary Evaluation
All Proposals shall be evaluated against the name standards. The Proposals will first be reviewed to
determine if they contain the required forms, fn||ovv the submittal instructions and meet all mandatory
requirements. Failure to meet mandatory requirements will result in proposal rejection as non-responsive.
In the event that NO Proposer meets specified requirement(s), the City reserves the right to continue the
evaluation of the proposals and to select the proposal most closely meeting the requirements specified in
this RFP,or not select any proposals.
2. PrwposerPraoen*atiomu/Scoring
Based on evaluation and scoring of the written proposals by the Selection Team on the stated criteria, an
estimate mf two tm four top scoring proposals may heshort'|isted. Short-listed Proposers may be required to
participate in interviews and/or site visits tmsupport and clarify their Proposals if requested by the Selection
Team. The Selection Team will make every reasonable attempt to schedule each presentation at a time and
location agreeable tothe Proposer. Failure ofa Proposer to interview or permit a site visit on the date
scheduled may result in rejection of the Proposer'sProposal.
Should the Selection Team request any oral presentations or demonstrations from one or more of the short-
listed proposers, the Selection Team will review the initial scoring and make adjustments based on the
information obtained in the oral presentation or demonstration and site visits and to determine final
scoring. '
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3. Evaluation Criteria
The proposals will be scored using the following criteria;
�
Max
No. 0ayorip��n Points
~''-^`'-''` —
Experience in Security Services 30
� Proposers Service Plan and
]O
` Capability toPerform
Overall Cost of the Services, 20
`
� Staff Qualifications 15
References S
TOTAL POSSIBLE POINTS 16O �
The points stated above are the maximum amount awarded for each category. The evaluation process is
designed to recommend oxvand of this procurement to the proposal that is the best value for the Chy, not
necessarily the lowest cost Proposal.
The cost proposal section shall receive a weighted score, based upon the ratio of the lowest proposal to the
highest proposal. The lowest cost Proposal will receive the maximum number of points available for the
cost category and other proposals will be scored accordingly.
Results ofreference checks will be used to clarify and substantiate information in the written proposals. The
reference results shall then be considered when scoring the responses to the requirements in the RFP.
4' 0FPEaa|umtion
Evaluation of proposal shall be based on conformity to the specifications, cost past experience and
performance with the City and other agencies to include training, equipment, employee neatness,
appearance,and functionalism.
S. Award/Best and Final Offers
The Buyer will compile the final scores for all sections of each responsive proposal. The award will be
granted in one of two ways. 1) The Selection Teom's Recommendation of Award may be granted to the
highest scoring responsive Proposal and responsible Proposer. Alternatively, Proposers with the highest
scoring proposer or proposers may be requested to submit Best and Final Offers. |f Best and Final Offers are
requested by the Evaluation Team and submitted by the Proposer,they will be evaluated against the stated
criteria,scored and ranked by the evaluation committee. The Intent to Negotiate then will be granted tothe
highest scoring Proposer. However, a Proposer should not expect that the City will request a Best and Final
Offer.
6' Tied Score
In case of a tied score, recommendation of award will go to the firm who was favored by the majority of the
Selection Team members, according to their score. The Selection Team shall then offer an "Intent to
Negotiate and/or Intent to Award"the final contract with the successful Proposer and the decision to accept
the award and approve the resulting contract shall befinal.
7' Offer in Effect for Ninety(90) 0oys
A Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90) day period
following the deadline for proposal submission as defined in the Calendar ofEvents, or receipt ofbest and
final offer, if required,and Proposer so agrees in submitting the proposal.
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8. Notification of Inten toNegotiate/intent tmAward
Proposers will be notified in writing of the [by's Intent to Negotiate and/or Intent to Award the contract
resulting from this RFP.
9' Right to Reject Proposals and Negotiate Contract Terms
The City reserves the right to negotiate the terms of the contract, including the award amount, with the �
selected Proposer prior to entering into a contract. If substantial progress in not mode in contract
negotiations with the highest scoring Proposer, the City may choose to cancel the first Intent to Negotiate
and commence negotiations with the next highest scoring Proposer.
'
10. Protest Procedure _
Any protest must be made in writing, signed by the Protestor, and state that the Proposer is submitting
formal protest. The protest shall be filed with the City of Yakima Purchasing Manager at 129 No. 2nd St,
!
Yakima, WA 98901, or by fax: 509'576'6394 or email to: The protest shall
clearly state the specific factual and legal ground(s) for the protest, and o description of the relief or
corrective action being requested. Protests based on specifications/scope of work,or other terms in the RFP
shall be filed at least five (S) calendar days before the solicitations due date, and protests based on award or
after the award shall be filed no more than five calendar(5) days after Award Announcement (see be|mvv for !
details). The following steps shall betaken in an attempt to resolve the protest with the Proposer: '
�
Step |. Purchasing Manager and Division Manager of solicitation try resolving matter with
Protester. All available facts will be considered and the Purchasing Manager shall issue a
written decision.
Step U' If unresolved, within three (3) business days after receipt of written decision, the
protest may be appealed to the Department Head by the Purchasing Manager.
Step U|. If still unresolved, within three (3) business days after receipt of appeal, the protest
may be appealed to the Executive (or his designee). The Executive shall make a 0no|
determination in writing to the Protester.
Award Announcement
Purchasing shall announce the successful Proposer via VVebsite, e'mai|, fox, regular nnai|' or by any other
appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins.
The timeframe is not based upon when the Proposer received the information, but rather when the
announcement is issued by Purchasing.
Award Regardless of Protest�
When axvritten protest against making an award is received the shall not he made until matter |s '
' !
resolved, unless the City determines that one of the following applies: !
w The supplies mr services tobe contracted for are urgently required; �
� Delivery or performance will be unduly delayed by failure to make award promptly;
� A prompt award will otherwise be advantageous tm the City. '
|f the award is made, regardless ofoprotest,the award must be documented in the file, explaining the basis
for the award. Written notice of the decision to proceed shall be sent to the protester and others who may
be concerned. '
The City retains the right to enter into any contract and nothing herein shall be construed to limit that
authority in any manner.
'
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86
VII. COST PROPOSAL FORM
PROPOSAL COST FORM
Armed Security Guard and Other Services - RFP 12104P
Having carefully examined all of the RFP specifications including the "Proposal Requirements" and the
"Evaluation Criteria", all of which are contained herein, the Undersigned proposes to furnish the following,
which meet these specifications. List total cost for providing services below including, but not limited to,taxes,
insurance,certifications,trainings,supplies and cost of preparing this proposal.
Schedule A
Armed Security Guard Services, Law&Justice Center
Straight Time Bill Rate—Regular Hours:
Hourly cost per person. Hourly
Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM:
Hourly cost per person. uoorly
Wage Rate: $
Hourly
Schedule B
Security Guard Services,Community Diversion Program
Straight Time Bill Rate—Regular Hours:
Hourly cost per person. Hourly
Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM:
Hourly cost per person. Hourly
Wage Rate: S
Hourly
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate—Regular Hours:
Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Hourly cost per person. Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
12104p Armed Security Guard Services Page 23 of 43
87
Please List any additional cost associated with PRISONER WATCH services. Use
an additional sheet labeled PRICE FORM if more space is needed.
Hourly
Hourly
Schedule D.
Event Security
Straight Time Bill Rate—Regular Hours:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person, Hou
1Y
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate—Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Schedule D
Lock/UnIc)ck Services
Straight Time Bill Rate—Regular Hours:
Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Hourly cost per person.
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
12104p Armed Security Guard Services Page 24 of 43
88
OPTIONAL SERVICES
Please describe any optional services you might provide and cost for optional services i.e. mobile
patrol, unarmed biudding security, perimeter checks and vehicle patrols. if more space is needed,
please attach additional sheet.
$
$
$
12104p Armed Security Guard Services Page 25 of 43
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111. * * • s E* • Tie Al'
Page 1 of 4
INSTRUCTIONS: Provide the requested information,sign and date. If the Owner requires further description,
the Owner may request Proposer to provide such information within a mandatory due date. You must submit
this completed form to the Owner with your Proposal. Failure to submit this form fully complete, may result
in disqualification of Proposal.
PROPOSER INFORMATION
Proposer's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business Federal
License No. UBI No, EIN No.
Phone ( ) Toll Free Phone
FAX ( ) E-Mail Address
Mailing Address
City State Zip+4
Physical Address
City State Zip+4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip+4
Physical Address
City State Zip +4
12104p Armed Security Guard Services Page 26 of 43
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PROPOSER QUESTIONNAIRE
PROPOSER: Page 2 of 4
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No:
Please explain:
FINANCIAL RESOURCES AND RESPONSIBILITY
Within the previous five years, has your firm been the debtor of a bankruptcy? Yes: No:
Please explain:
Is your firm in the process of or in negotiations toward being sold? Yes: No:
Please explain:
Within the previous five years, has your firm been debarred from contracting with any
local, state, or federal government contract? Yes: No:
Please explain:
Within the previous five years, has your firm been determined to be a non-
responsible bidder for a proposal for any government contract? Yes: No:
Please explain:
Within the previous five years, has a governmental or private entity terminated your
firm's contract prior to contract completion? Yes: No:
Please explain:
Within the previous five years, has your firm used any subcontractor to perform work
on a government contract when that subcontractor had been debarred by a
governmental agency? Yes: No:
Please explain:
12104p Armed Security Guard Services Page 27 of 43
91
PROPOSER QUESTIONNAIRE
PROPOSER: Page 3 of 4
DISPUTES
Within the previous five years, has your firm been the defendant in court on a matter related to any of the following?
• Payment to subcontractors? Yes: No:
Please explain
Work performance on a contract? Yes: No
Please explain
Does your firm have any outstanding judgments pending against it? Yes: No:
Please explain
Within the previous five years, has your firm been assessed liquidated damages
on a contract? Yes: No:
Please explain
Has your firm received notice of and/or in litigation about patent infringement for
the product and/or service that your firm is offering to the City? Yes: No:
Please explain
COMPLIANCE
Within the previous five years, has your firm or any of its owners, partners, or
officers, been assessed penalties or found to have violated any laws, rules, or
regulations enforced or administered by a governmental entity? This does not
include owners of stock if your firm is a publicly traded corporation. Yes: No:
Please explain
License(s)are required to perform the services sought by this solicitation.
Within the previous five years, has your firm had a license suspended by a
licensing agency or been found to have violated licensing laws? Yes: No:
Please explain
12104p Armed Security Guard Services Page 28 of 43
92
PROPOSER QUESTIONNAIRE
PROPOSER: Page 4 of 4
BUSINESS INTEGRITY
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations? Yes: No:
Please explain
Within the previous five years, has a governmental entity or public utility
determined your firm made a false claim or material misrepresentation? Yes: No:
Please explain
Within the previous five years, has your firm or any of its owners, partners or
officers been convicted of a crime involving the bidding on a government
contract, the awarding of a government contract, the performance of a
government contract, or of a crime of fraud, theft, embezzlement, perjury,
bribery? This does not include Owners of stock if your firm is a publicly traded
corporation. Yes: No:
Please explain
12104p Armed Security Guard Services Page 29 of 43
93
i . . F
Please List three references, excluding the City of Yakima or Yakima County, which the City may call to
verify submitted qualifications and substantiate past performance.
1) Company Name
Address (include Zip + 4)
Contact Person Position
E-Mail Address Phone No.
Describe experience with reference
2) Company Name
Address (include Zip + 4)
Contact Person Position
E-Mail Address Phone No.
Describe experience with reference
3) Company Name
Address (include Zip + 4)
Contact Person Position
E-Mail Address Phone No.
Describe experience with reference
12104p Armed Security Guard Services Page 30 of 43
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�. ��M�L1���� T
CITY OF YAKIMA
PROFESSIONAL SERVICES AGREEMENT
FOR ARMED SECURITY GUARD AND OTHER SERVICES '
THIS PROFESSIONAL SERVICES AGREEMENT,entered into on the date of last execution, between the City of Yakima,a
Washington municipal corporation ("City),and _ � ^ ("Contractor").
VV|TNESSETM:The parties, in consideration cf the terms and conditions herein,dn hereby covenant and agree aofollows:
1. Statement ofWork
The minimum S8miCoS that the Contractor will provide include 88miQ8n described in RFP 12104P, which are attached as `
Exhibit A hereto and incorporated herein hy this reference.
,
Administrative Requirements:
The Contractor shall have the responsibility 0D provide 8 singular designated Project Manager
with responsibility for assuring the appropriateness and adequacy of armed security guard and other services and supervisor
oversight 0f all Contract staff.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B. attached hereto and incorporated herein, which Exhibit
|no|udoo the specifications and payment schedule of itemized prices as listed in the Contractor's RFP submittal at the time
and in the manner and upon the conditions provided for the Contract. Any additional SemiC8(S) provided by the Contractor
which are tDbe paid by the City must have prior written approval of the City. -
PhC8S Sh8U n308iD firm for the first twelve month period of the C0nt[8CC Price adjustments will only be reviewed during
contract renewal.
The City ShnU make payment to Contractor on G month by month basis. The monthly invoices will be submitted by the
Contractor 0Dthe City 0nOr about the first week Vfthe month immediately following the month the services are provided.
The Qh/ will use its best efforts to pay each of Contractor's invoices within thirty /30\ days after the Cih/'a mogi[t and
verification thereof; pn}vided, however, that all such payments are expressly conditioned upon Contractor providing Snm|ou8
hereunder that are satisfactory to the Qh/. The City will O[difv the CVOtcoohor pn)0Dt|y if any p0b|80S are noted with the
|OvOiCo.
3. Contract Tann
The period of this Contract shall be for a period of one year from its effective date. The City may, 8t its option, extend the
Contract on 8 year to year basis for up 1D four additional y8G[S provided. Contract extensions Sh8U be automatic, and ShGU .
gO into effect without written confirmation, unless the City provides advance notice 0f the intention tO not renew.
4. Changes
Any proposed Change in this Contract shall be submitted tV the other party, for its prior written approval. If approved,
change will be made by@contract modification that will become effective UpOO execution by the parties hereto. Any oral
statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor ohaU, at all Umao, be an independent Contractor and not an agent or representative of City with regard to
performance nf the Services. Contractor shall not represent that i1 is, or hold itself out as, an agent or representative ofCity.
In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on, behalf of City.
Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees.
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The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed, and a separate set of books or records that reflect all items of income and expenses of the business that the
Contractor is conducting.
6. Conflict of Interest
Contractor represents that it and its employees do not have any interest and shall not hereafter acquire any interest,direct or
indirect,which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance of this agreement.
7. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign,transfer,or encumber any rights,duties,or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
8. Property Care
Contractor shall not allow the Facility to be used for any unlawful purposes. Contractor shall not commit any waste on the
Facility property nor damage same nor permit waste or damage by others. Contractor will be responsible for the proper
custody and care of all City-owned property furnished for Contractor's use in connection with the performance of this
Agreement, including but not limited to, metal detection equipment. Contractor will reimburse the City of any loss or
damage, normal wear and tear excepted. Contractor shall also be responsible for the proper possession, use, and
maintenance of all personal property retained by Contractor during the performance of armed security guard and other
services pursuant to this Agreement.
9. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of
public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part, now or at any
time disclose that information without the express written consent of the City.
10. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City,
but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor
shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the
City. Contractor's records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary
of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have
the right to examine, audit and copy)all of Contractor's books, documents, papers and records which are related to
the Services performed by Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to
the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's
services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
12104p Armed Security Guard Services Page 32 of 43
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11. WmrkMadehorHire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property ofthe
Qh/. The City shall own any and all data, documents, plans, oopyhghtS. Vp8Cifin8Uons, working p8p8Co, and any other
materials the Contractor p0dUQ8S in connection with this Contract. On completion or VenniO8Uon of the Contract, the
Contractor shall deliver these materials 03 the City.
12. Compliance with Law
Contractor agrees to perform all Services under and pursuant k)this Contract in full compliance with any and all applicable ;
laws, 0|8S.and n8gU|8tiOOS adopted Or p00u|08tBd by any governmental agency or regulatory body,whether federal, S1at8' '
|ooa|. or otherwise. Contractor shall pmounu and have all applicable and necessary parm|tu. Uoanuao and approvals of any
federal, State. and |OCo|government or governmental authority for this project, pay all charges and fees, and give all OOtiCSa
necessary and incidental hJ the due and lawful execution Of the work.
8. City of Yakima Business License. Contractor shall have @ valid and current business license per Chapter 5.O2 .O10
of the Yakima Municipal Code CVv8hOg this type of buSiO8ou and shall satisfy all app||oah|S City Code provisions.
Said license shall Ue obtained prior to the award of any contract.
b. Contractor 0uSi provide proof Of8 valid Washington department of Revenue State axCiG8 tax registration number, _
as required in Title 85 RCVV.
C. Contractor must provide proof Of8 valid VV8Sh|ngtOO Unified BUSin8SS Identification (UB|) Oun3b8[. Contractor
must have @ current UB| number and not b8 disqualified from bidding on any public works contract underRCYV '
89.00101 U[38.12.U85(3).
U. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
5ORCVY.
8. ForeiQn/NOn4Veshio0Corporations: Although the City does not require foreign corporate proposers tOqualify -
in the City. County Or State prior to submitting 8 pmp088|. it is specifically und8ngh30d and agreed that any such
COqpOG]U0O will promptly take all necessary 088Su[oo to b8C0m8 authorized to conduct bUSiO8SS in the City of
Yakima, at their own 8xp8nS8, without regard to whether such corp0n8UOO is actually awarded the C0Ot[3ct, and in
the event that the award|8 made, prior tD conducting any business|n the City.
13. Nondiscrimination Provision
During the performance Of this Contract,the Contractor agrees 8Sfollows:
The Contractor shall not discriminate against any p8nS0O on the grounds of race, C[ood, color, r8|igiOO. D8dOOG| origin, Sex'
agn, marital utmkuo, onxue| or|ontation, pnagnnnoy, veteran's status, pn||Una| affiliation or belief, or the pnoounoe of any
S8OSory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCVV ch8pta[4S.8O)
or the Americans with Disabilities Act N2UGC121018tS8q.\.
This provision Sh3U include but not be limited to the following; employment, upgradiOg, demotion, transfer, recruitment,
8dm8rUSiOg' layoff Ortermination, rates Of pay 0[other forms of compensation, selection for training, and the provision of
Services under this Aonaamant.
~ �
In the event ofthe Contractor's noncompliance with the non-discrimination o|8USe of this contract or with any such 0|8S.
regU|3bOOS, or orders, this Contract may be cancelled, hann|n3ted. or suspended in whole O[iO part and the Contractor may
U8 declared ineligible for any future City contracts.
!
14. Pay Transparency Nmnd|moriminadmnPrnvia|on
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have
inquired about, discussed,U[disclosed their own pay or the pay Of another employee Or applicant. However,employees who
have aooeou to the compensation information of other employees or applicants as a part of their eonanUu| job functions '
cannot disclose the pay Of other employees O[applicants h3 individuals who dn not otherwise have access b]compensation
information, uO|GSS the disclosure is /a\ in n3SpUnS8 to o formal CO0p|8iD1 or charge, /h\ in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, ur(o) consistent with the contractor's
legal duty 1nfurnish information.
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.
/
15. Indemnification and Hold Harmless
!
G. Contractor shall take all n8C8SS8[y precautions in performing the Services to prevent injury to persons or property.
Contractor agrees h] defend, indemnify and hold h8nn|8Ss the CUv. its elected and appointed offiCi8|S' offiC8nS' /
omp|OyS8S. 8ttO[n8yG. agents, and volunteers from any and all d8i0S. d80ondS. |USS8S' liens, Uab|UU8S' pSD8|U8S. �
UO8S. |8wmU|tu' and other proceedings and all judgments, awards, costs and expenses (including reasonable costs
and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials,
officers,employees Oragents.
'
U. If any suit,judgment, action, claim or demand arises out of, or occurs in conjunction with,the negligent acts and/or
omissions of both the Contractor and the Cdv. ur their elected Or appointed offiCi8|u, o0oom. employees, 8g8nkS'
attorneys nr volunteers, pursuant to this Contract,each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, action, claim, demand, Uum8g8S or costs and 8xp8OSPa' including re8G0n8b|S
attorneys'fees.
C. Contractor's Waiver of Employer's Immunity under Title 51 RCVV. |f any design or engineering work is dOOR
pursuant to this CUOt[GC[ Contractor intends that its iOd80OifiC81iOO, defense, and hold harmless obligations set
forth above in Section A shall operate with full effect regardless Of any provision tu the contrary |n Title 51RCVY.
Washington's Industrial Insurance Act. Accordingly, ho the extent necessary to fully satisfy the Contractor's
indemnification, d8feOo8. and hold horm|ooS obligations set forth above in section A' Contractor specifically waives
any immunity granted under Title 51 RCVV, and Sp8SifiCG||y 8uoumon all potential Uuhi|itv for 8CUOnS brought by
employees Uf the Contractor against the City and its elected and appointed officials, officers,employees, attorneys,
agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its
SUbCUOt[Gctom, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts
Contractor may be ||oU|o in connection with its performance of this Agreement, Sh8U comply with the terms of this
paragraph, waive any immunity granted under Title 51 RCVV.and assume all potential liability for actions brought by
their respective 8mp|Oy88S. The provisions of this section Sh8U survive the expiration or termination of this '
Agreement.
' !
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification |
|n any third p8hv (
'� �
n. The terms Of this section shall survive any expiration Ur termination ofthis Contract.
16. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to
protect the City and Contractor from and against any and all C|8|mS. d808g8S. |0SS8S. and expSOS8u arising out {fVr
resulting from the performance of this Contract. Contractor shall provide and maintain in force iOSu[8OCS in limits no |ooa
than that stated b9|uw. as applicable. The City[8Samoo the right to n8qU|nR higher limits should it deem it necessary in the '
best interest of the public.
'
Contractor will provide 8 Certificate of Insurance 10 the City as evidence of coverage for each of the policies and outlined
herein. A copy of the additional insured 8OdOnG8mnnt attached to the policy will be included with the certificate. This
Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure Of City ho demand such verification ofcoverage with these insurance requirements o[ failure of City N identify 8
deficiency from the insurance documentation provided shall not be construed as 8 waiver VfContractor's obligation to
maintain such insurance.
The following insurance iSrequired:
a. Commercial Liability Insurance
Before this Contract|n fully executed by the partiau. Contractor shall provide the City with G certificate of insurance
as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence, combined single limit bodily injury 8Od property damage, and Three Million DOU8B ($3.000'000.00)
general aggregate. If Contractor carries higher coverage |imd3. such limits shall be shown on the Certificate Of �
Insurance and Endorsements and the C|h/, its elected and appointed offio|a|n, emp|oyeeo, agents, attorneys and
121O4p Armed Security Guard Services Pa8e34of43
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^ .
volunteers shall be named 88 additional insureds for such higher limits. The certificate ShGU clearly state who the
provideris, the coverage G0nun(, the policy number, and when the policy and provisions provided are in effect.
Said policy shall b9in effect for the duration ofthis Contract. The policy shall name the City of Yakima, its elected
and appointed officials, omplovoau. agents, attorneys and volunteers em additional insureds, and shall contain 8
clause that the insurer will not cancel 0r change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in '
the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and Sh3|| not in any manner limit O[qualify the liabilities or '
obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract iS fully executed by the p8rti9S. Contractor shall provide the City with 8 certificate of insurance
as proof ofautomobile liability insurance with 8 minimum liability limit 0fTwo Million D0U8rS /$2.000.000.00\ per
onoun8nC8. |f Contractor carries higher coverage UmU3' such |i0dS ShoU be shown OO the Certificate of|nSUr8OC8
and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers
mhGU be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said p0||oy
shall b8iO effect for the duration 0f this Contract. The policy shall name the City Of Yakima, its elected and
appointed offiCi8|S' 90p|oynoa. agents, attorneys and volunteers 88additional |nnumdG. and Sh8U QUO13in adauGe
that the insurer will not C8OCS| or change the insurance without first giving the City prior written nOUC8. The
iOSunenou Gh8|| be with an insurance company O[companies rated A'V|| or higher in Bout's Guide and admitted in '
the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
|nGUr8nQ8 0@iOt3iO9d hy Contractor iS not intended to and Sh8U not in any manner limit O[qualify the liabilities or
Ob|ig3UOOS assumed by COO1[8ctD[ under this COOtn3Ct. The business 8Uk) liability Sh8U include Hired and Non-
Owned coverage if necessary.
-
Commercial Automobile LiabilitvInsurance:
8. If Contractor owns any v8hio|oo, before this Agreement is fully executed by the p8rUnu.
Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability
inuUn@n08 and oommovr|a| VmbnBU8 liability insurance with 8 total minimum liability limit of Two Million
Dollars /$2'000,000.00\ per occurrence combined single limit bodily injury and property damage.
Automobile liability will apply to"Any Auto"and be shown on the certificate.
h. If Contractor does not own any vehicles, on|y"Nonfwn8d and Mired Automobile Liability"will be
[uqu|R»d and may added ho the commercial liability coverage at the same limits as required in that section
Of this Agreement,which iS Section 18.n Entitled"Commercial Liability|n8un3n:6".
C. Under either situation Unuchbod 8bV*8 in Section 18.o. and Section 16b. the required certificate
of insurance shall clearly state who the provider is,the coverage amount,the policy number,and when the
policy and provisions provided are iOeffect. Said policy shall bo |n effect for the duration Ofthis
Agreement. The Policy shall name the City of Yakima, its elected offiCi8|S' officers, agents, employees,
and vO|uOheonS 88 additional insured, and Sh8U COOt8iO 8 S|8ume that the insurer will not C8OCo| or change |
the insurance without first giving the City thirty(30)calendar days prior written notice(any language |nthe
clause to the effect of"but failure to mail such notice shall impose no obligation or liability of any kind upon
the company" 9h8U be crossed out and initialed by the insurance agent). The iDSu[8One shall be with an
|OSu[8noo company of companies rated A'V|| or higher in BeSt'S Guide and admitted in the fK8tB of .
VV3ShiOg1nn. �
o. Employer's Liability(Stop Gap) ,
Contractor and all subcontractor(s)shall at all times comply with all applicable workers'compensation,occupational ,
d|Geaao. and OCCuoatiun8| h88|hh and safety |uwS. statutes, and regulations k) the full extent applicable, and 9h8U
maintain Employer's Liability insurance with 8 limit of no |8SS than $1.000.000.00. The City Sh8U not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees 03 assume full liability for all claims arising from this Contract including claims resulting
from negligent acts Of all SVbCOntKaCtor(s). Contractor iS responsible to ensure SubContraotor(o) have insurance 8o
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OG8dnU. Failure Of Su hn �OmDhwdh insurance �qU|vR08�3 dU8S O[d limit �on�@C��S |��|dvO[ '
' ` ' ' ' ` !
/cvpmmbmy. |
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Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this �
Contract. Any inSun8OC8. on|f-|nnUr8n08 or |n8Un8OSn pool coverage maintained by the City mh8U be in RxS8SS of the '
Contractor's insurance and shall not contribute to it. !
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force !
and effect, all work under the contract ah8U be d|ScOOhOu8d immediately. Any failure to maintain the required inSUr8OC8 may '
b9 sufficient cause for the City k)terminate the Contract.
GhOU|d 8 court of competent jurisdiction determine that this Contract iu subject 0D RCVY4.24.115.then, in the event Ofliability
for damages arising out of bodily injury to persons Or damages 1O property caused by or [8Su|UO0 from the SVnCUrn3nt
negligence of Contractor and the C|h/, its offionnu, e|aoheU and appointed officials, amp|uyeen, agento, attorneys and
vo|UnVB8[S. Cnntn8o0o/S liability hereunder shall be limited to the extant of the Cun1n8c0J/S negligence.
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The City reserves the right k)require higher or lower limits where warranted.
17. Fidelity Bond—Employee Dishonesty
The Contractor will show proof of providing a fidelity bond in a form acceptable to the City of Yakima in the amount of Fifty
Thousand DuUonS ($50.000) 03 reimburse City of any d3080oo incurred as r8SU|t of dishonesty, kupQ|8ry, theft' fraud Or
destruction[f property committed by employees of the Contractor.
Coverage must apply to all p8nGUOO8| of the Oontn8Ck}r including subsidiaries. COw8n8g8 must be provided for |ooeou
sustained by the Contractor or its C|i8n|3 n8Su|1iOg from fraudulent Or dishonest acts committed by employees of the
Contractor, acting 8|OOo or in collusion with Ckh8nG. Said bond or insurance Sh8|| remain in effect during the term of this
Agreement.
18. 0mverabi|ity
|f any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such !
invalidity uh8U not affect other terms, conditions or 8pp|iC8UVOS which can be given effect without the invalid honn' oVnU|Uon �
or application. TO this end,the terms and conditions of this Contract are declared severable.
19. Contract Documents
This Contract, the Request for Proposals No. 12104P, GC0p8 of Work, conditions, 8dd8Od8. and modifications and
Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other
inconsistent provisions. NO prior oral or written understanding Sh8|| be of any force 0r effect with respect to those mo#um
covered herein. These Contract Documents are on file in the Office of the Purchasing M8n3g8[, 128 No. 2»« St., Yak|ma,
YVA' 98901. and are hereby incorporated by n3fnr8OC8 into this Contract.
30. Termination
8. Termination for Cause: The City may terminate the Contract after providing the Contractor with thirtv(3O)calendar
U8yS written notice of the Contractor's right to cure 3 failure of the Contractor to perform under the hunno of this
COntn8SL
The Contractor may terminate the Contract after providing the City ninety (90) calendar days' notice of the City's
. right tocure 8t8i|un3 of the Qtvhn perform under of Contract.
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UpOO the tonnin8UOn of the Contract for any r88SOO'or upon Contract expiration, each party shall be na|oaSed from
all obligations to the other party arising after the Uoho of termination or expiration, except for those that by their
terms survive such termination Orexpiration
_
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b by providing a
written notice; the City Uyproviding at least thirty (30) calendar days' notice hnthe Contractor, and the Contractor
providing at least ninety(90)calendar days' notice to the City inadvance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees
owed under the Contract. The Contractor shall also b8 compensated for partially completed services. |n this event,
CO0pon8Eki0n for such partially completed SemiS8S Sh8U be no more than the p8vC8nt8g8 of completion of the
' services requested, 3t the sole discretion of the City, multiplied by the corresponding payment for completion of '
| such services 3S set forth in the Contract. Alternatively, atthe sole discretion uf the City, the Contractor may b8
compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid
for but not received Vr implemented,such refund hohep8idwithiOthiUv/3U\d8ySUfwhtt8nnntineh}thSCDntroctVr
' requesting the refund.
�
C. Contract ConCSU8(iOn: The City reserves the right to cancel the Contract in whole or in part without p8O8kv if the
Contractor:
• Breaches or defaults an obligation under the Contract;
° Fails 0o perform any material obligation required under the Contract;
• Files 8 petition|n bankruptcy, becomes insolvent,or otherwise takes action ho dissolve 8Sa legal entity;
* Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-im posed, 30-day notice;
`• Makes on assignment for the benefit ofcreditors;
• Fails to follow the sales and use tax certification requirements of the State of Washington
m Incurs 8 delinquent Washington tax liability;
* Becomes a State or Federally debarred Contractor;
m |a excluded from federal procurement and non-procurement Contracts;
• Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
� Fails 1O maintain the confidentiality of the City information that |8 considered 0nUn Confidential Information,
proprietary,Orcontaining Personally Identifiable Information,n[
w Contractor performance threatens the health O[safety Ofo City, County 0[municipal employee
w Change|n Funding: |f the funds upon which the City relied 0zestablish this Contract are withdrawn, reduced,o[
limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract
by providing at least five business days written notice 0Jthe Contractor. The termination Sho|| be effective UO
the date specified iO the notice 0ftermination.
d. Default by The Contractor may be declared |n default and may bu terminated immediately by the City
for one of the following reasons;
* Failure nf the Contractor to maintain satisfactory performance level;
* Failure Ofthe Contractor k)start work within the time stated|n the notice tVproceed;
� Failure of the Contractor to pay employees for work performed and materials and supplies used under this
contract;
Failure to maintain mandatory licenses,certificates, insurance or meet mandatory RFP requirements;
° Insolvency OfContractor.
21. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to
whether such default does COnSti1uha 8 breach of the contract, and if the parties hereto cannot mutually settle such
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differences,then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods
are 8dh8[ not sUCC8Ssfu| 8)nn any dispute relating to this Agreement Sh8U be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may
be implemented. /
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32. Re-Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, |
may re-award the contract k)the next most responsible proposer within 12O days from original award.
23. Substitution
The Contractor Sh8U not sUhuUtUt8 or deviate from said specifications Of this COOt[8ot without 8 written agreement
amendment, signed by the City Manager, or pursuant to Section 55 below entitled "Change or Notice". Any violation Ufthis
procedure by the Contractor will be considered cause for immediate cancellation of the Contract for cause by the City.
24. Contractor Shall Furnish
Except as otherwise specifically provided in this COOtraC. Contractor shall furnish the following, all GS the S80a may be
required to perform the SemiC8S described in G8CUOn |V Pmp0S8| RBqUi[908O� in oCC0vd8OQ8 with this COO�[�Ct�.
. �
personnel, labor and supervision;and technical, professional and other services. All such services, property and other items
furnished Or required 10 be furnished, together with all other obligations p8dn[DlRd or n8qUin3d to be performed, by �
Contractor under this Contract are sometime collectively referred to in this Contract as the"(Services)."
25. Complementary Provisions
All provisions of this Contract are intended to be 0V0p|9montoq/, and any S8mic8S required by one and not mentioned in
another Sh8U be p8ho[08d to the same extent as though noqU|r8d by all. Details of the services that are not necessary to
carry out the intent[f this Contract, but that are not expressly required,shall be performed or furnished by Contractor as part
of the services,without any increase in the compensation otherwise payable under this Contract.
26. |nvn|cmm
The City will use its best efforts to pay each Of Contractor's invoices within thirty (30) days after the Qty'B nooeiD1 and
verification thereof; provided, hO��v8[ that oU ouo� p@y0�O�SG[H8xpmns|yoUndiUOn9d upon Contractor �emiC8S. ' ' �
hereunder that are satisfactory 03 the City. The Qb/will notify the Contractor promptly if any p0b|8DDS one noted with the
invoice. TO iOSuna prompt p8y08O[ each invoice should Ci08 purchase order number, RFP Oumbor, U88CripUOn of item
purchased, unit and total price,discount term and include the Contractor's name and return remittance address.
In the event either party terminates this agreement early pursuant to Section 20, Contractor shall be compensated on a pro-
ratab8SiSforoUsat|Shack>[yS9rv|noopmvid*dVoth8CityuOdorth|oAonmemeDtuptOth98feoiivohmnninokiondate.
Contractor will 03i|invoices to the City 8t the following address:
City 0f Yakima Accounts Payable
129NO. 2n«Stmo1
Yakima,WA 98901 |
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27. Credit Card Acceptance
The City. in its SU|o diunnet|on, will determine the method of payment for goods and/or sam|CeG as part Ofthis 8g[6e08O[
The City'8 preferred method Of payment ioby procurement (omdi8card. Proposers may bn required hn have the capability
of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be |
assessed when accepting the procurement card ana form ofpayment.
38. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all
CUO(raCun| matters arising hereunder, including the performance Of services and the payment of any and all charges
resulting from its contractual obligations. '
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29. Delegation mf Professional Services
The uamioeo provided for herein shall be performed by Contractor, and no person other than regular associates or
omp|Oy88S Of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or
otherwise) d8|8yaho or subcontract performance of any Somioao to any other person or entity without the prior written
' consent ofthe City. Any such delegation or subcontracting without the City'n prior written consent shall be voidable at the
� Citv'8VpdOO. >
NO delegation of subcontracting of performance of any of the services, with Vr without the C|h/S prior written DDOSoOL shall �
r8UemR Contractor Ofits responsibility to perform the services in GCCUndonce with this Contract. Contractor shall be fully '
� responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other
person who performs or furnishes any services/CoUective|y.the"Gupport"\.
Contractor shall at all Um8S be on independent contractor and not GO agent or representative of the City with regard to
performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the
City. In no event Shn|| CVntn8CO3[ be authorized to enter into any agreement or undertaking for ornn behalf Ufthe City.
Neither the Contractor nor any 80p|Oynn of the Contractor is 8OUt|8d to any benefits that the City provides its employees.
The Contractor is solely responsible for payment of any statutory workers compensation or employers liability insurance as
required by State |8w. The Contractor will have an active account with the Department OfRevenue, other state agencies as
naadnU, and a separate set of books or n000ndo that reflect all items of income and expenses of the business that the
Contractor iSconducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. A1 the time
of performance, Contractor shall be properly |ionnoed, equippeU, urganizaU, and financed to perform the eom|ona in
3CCOndonoo with this Contract. Subject to oVmpU8nC8 with the requirements of this Contract, Contractor shall perform the
Services iO accordance with its own methods.
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30. Taxes and Assessments
Contractor shall be solely responsible for and Sh8|| pay all t8x8S. deductions, and assessments, including but not limited to
h3d8[o| income tax, FICA, sVC|8| security tax, assessments for unemployment and industrial injury insurance, and Ckh8[
deductions from income which may bS required by law U[assessed against either party 8So result Of this Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes
duo.
The City and its agencies are exempt from payment of all federal excise taxes and, but not sales tax (ounanUy otM.3Y6).
Tax will not be nonu|d8[8d in determining which p0pOS8| is the lowest V[best, however RCVV39.3U.O4O 8UOw0 the City to
take any sales tax and B&O tax that in will receive from purchasing nupp|iea, materials and equipment within its boundaries
into consideration when determining the lowest responsible Proposer.
31. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
32. Inspection: Examination ofRecords |
The Contractor agrees tofurnish the City with reasonable periodic reports and documents as it may request and in such
k}[nl as the City [8qUioBS pertaining to the work or GemiC8S undertaken pursuant 03 this Agreement. The costs and
obligations incurred or to be incurred in connection therewith, and any other matter are to be covered by this Agreement.
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The records relating tn the services shall, Bk all times, b8subject tD inspection hy and with the approval Of the City, but the
making of (O[ failure or delay in making) such inSpSCUUO Or 8pp0YG| Sh@U not r8USv8 Contractor Of responsibility for
performance of the sem|C8S in 8000nd8OC8 with this COOt[3nt, notwithstanding the Qty'S knowledge of defective or non-
complying p8rfnOm8nc9' i13SubSt8nM8|itxO[th88a8eVf|tSdiSC0vGry. Contractor shall provide the City sufficient, safe, and .
proper facilities and equipment for such inspection and free access to such facilities.
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33. Recordkeeping and Record Retention �
The Contractor shall establish and maintain adequate records Of all expenditures incurred under the contract. All records must be |
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kept in accordance with generally accepted accounting procedures. All procedures must beiOaccordance with federal, state and !
local ordinances. �
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The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any �
contract resulting from this proposal held bv the Contractor. The Contractor will retain all documents applicable ho the contract for
o period(f not less than three(3)years after final payment is made.
34. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary Or P8nSOO8||y |d8OUfiGb|8 |OfO[m81iOO of City for any purpose other than the
limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the obligations there under.
Contractor shall hold all Confidential Information in confidence, and shall not disclose such Confidential Information k) any persons
other than those directors, officers, employees, and agents ("Representatives")who have a business-related need to have access
to such Confidential Information in furtherance of the limited purposes of this Contract and who have been apprised of, and agree
to maintain,the confidential nature of such information in accordance with the terms of this Contract. /
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Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality of
the Confidential Information while in its possession or control including transportation,whether physically or electronically.
Contractor shall ensure that all iOdiS3UUOS of confidentiality contained on or included in any item of Confidential |nfbnnok|on shall
be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. |f requested bythe
City in writing, Contractor shall make 8 n38SonaU|e effort to add u proprietary notice or indication 0f confidentiality tu any tangible
materials within its possession that contain Confidential Information of the City, as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of termination of
this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
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Contractor may d|xn|ono Confidential |nfonO3UOn in cUnn8CbOO with G judicial or administrative proceeding to the extent such
d|oo|oounS is required under law O[8 court order, provided that the City shall be given prompt written notice OYsuch proceeding if
giving such notice|o legally permissible.
35. Price Increases
If nSqU8SV3d by the Contractor in writing thirty /30\ U8yS before the anniversary d803 of each year of the COOtn8Ct. the City will
consider increasing the Contractor's rates per the Seattle-Tacoma-Bremerton Consumer Price Index for Urban Wage Earners and
Clerical Workers (CP|'VV)for the previous twelve months. The City, iO its sole discretion, will decide whether tD approve O[deny
the rate iOCre8S8 request or any part thereof within 30 days Of receipt of the request. If approved, iOCn38S8 Sh@U take effect 30
days after approval.
Price increases for any other justifiable reason will be considered on aoaoe'by'oaoe basis. Price |nnmone requests will not be
considered or granted until any outstanding required fiO8OCiG| reports have been submitted to the City. No profit margin
adjustments will b8allowed.
36. Suspension ofWork
The City may SuSpeOU, in writing, all or portion of the G8rv|S8 under this Aov8e08Ot if unforeseen Ci[Cu0St8nc8S beyond the
City's control are interfering with normal progress of the Service. The Contractor may suspend, in writing by via email or certified
mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are interfering
with OOOna| p0gnaou of the G8miC8. The COO1c8Sk)r may suspend Service OO the Project in the event the City d08S not pay
invoices when due,except where otherwise provided by this Agreement. The time for completion of the Service shall be extended
by the number of days the Som|no is suspended. If the period of suspension exceeds ninety (SO) dayS, the tBOOS of this
Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service on the suspended portion -
Of Project|naocon1anoow|th Section 20.Termination.
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37. ProVakon of Services
The Contractor shall provide the services set forth herein with all dun SNU, care, and diligence, in @ooVrd8OC8 with accepted
|Oduuhv practices, standards and hma| requirements, and to the Qb/ 'S satisfaction; the City d8CiSiOO in that regard Sh8U be final
and n0Oduaiv8. The City may inspect, observe and examine the p8rfn[mGOS8 of the SSmiC8S performed UO the City premises at `
| any time. The City may inspect, ub98m8 and examine the performance of Contractor's services 3t reasonable times, without
notice,ot any other premises. �
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8. If the Qb/ notifies the Contractor that any part of the services rendered are inadequate or in any *0y differ from the
Contract requirements for any reason, other than as a result of the City's default or negligence,the Contractor shall, at its
Own 8xpnnnn, reschedule and perform the services correctly within such reasonable time as the City specifies. This
� remedy shall be in addition to any other remedies available to the City by law or in equity.
\ b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted Personnel
!. or its subcontractors perform the services, and the Contractor Sh8|| ObSem8' abide by, and perform all of its Ob|iQGbOns in
� accordance with all legal requirements and City work rules.
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38. Assignment
This COOtr8C. or any |�ereSth8nSiD, U[doimhemundS� Sh8U 0tbe assigned ortn8n�en�diD whole o[inpe�bvCon�3�Or0D
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, any other person or entity without the prior written consent of the City. In the event that such prior written consent to an
assignment is granted,then the assignee shall assume all duties,obligations, and liabilities of Contractor stated herein.
39. No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that it
will not hire anyone or any entity having such a conflict of interest during the performance of this Contract.
40. Contract Preservation
If any provision Of the Agreement, Or the application of such provision, Sh8|| be mndon*U or d8C|8n3d invalid by 8 court Of
competent jurisdiction, or by reason of its requiring any Stopo, uoUona or reGU|tS'the remaining parts or portions of this Agreement
oh8U remain in full force and effect.
If any provision Of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which
may conflict Gh8U be deemed inoperative and nV|| and void insofar as it may conflict, and Sh8U be d8808d modified to conform to
such statutory provision
41. Promotional Advertising/News Ra|oomem
R8fenSOC8 to or use of the City, any Of its departments, 8gSOCi8S or other subunits, or any official Or 8mp|Oy8S for CO00amio|
promotion is prohibited. News [o|oouen pertaining to this procurement Sh8|| not be 08d8 without ph0[ approval of the Qh/.
Rn|8888 Of b03dC3St S'08i|m pertaining to this procurement shall not be made without prior written authorization of the contracting
agency.
42. Time|mmf the Essence
Timely provision Uf the services required under this Contract shall b8Oy the essence Of the Contract, including the provision Ofthe
services within the time agreed orona date specified herein.
43. Expansion Clause
Any resultant contract may bS further expanded by the Purchasing Manager in writing to include any other ik)0/S8rviC9 DO[08Uy
offered by the CnO1[Acb]r' 89 |OOg as the price of such 8dd|U003| products is based on the S8m9 C0St/pKfitfO[0U|8 as the listed
item/service. At any time during the term of this contract, other City departments may be added to this contract, if both parties
agree.
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44. Ownership
All material as 8 result of this Contract shall be the exclusive property of the City. Additionally, the City shall have
unrestricted authority to mpmdUQ8. distribute, and use any submitted repOrt, template, data, or material, and any associated
documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract.
45. Safety Requirements |
All 0atnMu|8' equipment, and supplies provided to the City O[used to provide services tUthe City must comply fully with all safety
mqU|r808Otn' fnd8n@|, state and |OC8| |a*0' 0ndiO8nnos' ru|8S. regulations as set forth by the State of Washington RCVV'S. VVAC'o
and all applicable OSHA Standards.
46. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises,facilities and vehicles of the Contractor and/or Contractor's Subcontractor
upon request and reasonable notice during the term of the Contract and Contract renewals/extensions.
47. Notice mf Change in Financial Condition /
If, during the C0O1[8Ct Term, the Contractor experiences aSh8Og8 in its financial condition that may affect its ability to perform �
under the CUOtro«L' Or experiences 8 change of ownership or control, the Contractor shall immediately nOUh/^ the City |n writing.
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Failure to notify the C|b/ of such 8 change in financial condition or change of ownership or control ShGU be sufficient grounds for
Contract termination. �
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48. Facility Security
The City may prohibit entry tO any secure facility, 0r remove from the facility, a Contract employee who does not perform his/her
duties in 8 professional manner, or who violates the secure facility's security rules and procedures. The City reserves the right to
search any person, property,or article entering its facilities.
49. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair \
the right of the party not in default to avail itself ofany subsequent breach thereof. Leniency, delay or failure of either p8hv to
insist upon strict performance of any agreement,covenant or condition of this Contract, or to exercise any right herein given in any
one or more instances, shall not be construed as a waiver or relinquishment of any such agreement,covenant,condition or right.
50. Integration
This Contract, 8|OOg with the City ufYakim8'S RFP 12104P and the Contractor's noSpnnxo to the Request for Proposal (''RFP"),
r8pnnoantG the 8nUn3 understanding of the City and Contractor as to those matters contained herein. No prior oral or written
understanding Sh8U be of any force 0[effect with respect tDthose matters covered herein. This Contract may not be modified or
altered except in writing signed hy both parties.
'
51. Force M 'aunm
Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control
and without fault or negligence on their part. Such o8uS8o may include, but are not restricted to, acts of God or the public enemy,
8oto of the government in either its sovereign or contractual capacity fire' OUOdo, strikes, epidemics/pandemics and quarantine \
restrictions, war, hot, delay in transportation or n8i|C8r transport ShVrt8g8S. freight 8mb8[gO88 and Vnu8U8Uy Sev8[8 weather, '
provided Contractor notifies the City immediately in writing of such pending or actual delay. NOr0a||y, in the event Orany such
delays(acts Or God,etr]the date Of delivery will bV extended for 8 period equal k}the time lost due 0J the reason for delay.
53. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
53. Venue
The venue for any judicial action 0J enforce o[interpret this Contract shall lie in3court of competent jurisdiction |n Yakima County,
Washington.
121O4p Armed Security Guard Services Page 42of43
106
54. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by
Contractor to execute this Contract on its behalf and to legally U|OU Contractor to all the terms, DerfoKO3OC8S and provisions of this
COO8BC. �
55. Change orNotice �
Any alterations made bJ the Contract shall b8 rendered iO writing and signed bv both responsible parties; nV changes without such '
signed documentation shall b8valid. No alterations outside of the general scope and intent of the original Request for Proposals
orin excess of allowable and accepted price changes shall bemade.
'
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly
executed amendment.
Business Contractor shall notify the City in writing within three(3)business days of any change in ownership
of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing aS soon GS
possible,and|nno event later than three(3) business days,after any decision by the Contractor to change or discontinue service
that will affect services provided k)the City under this Contract.
The City Sh8U have the right VJ renegotiate the benno and C0OdiUOnS of this Contract to the extent required to accommodate o '
change in governing law or policy that, in the GV|8 discretion of the Qh/, either substantially and unreasonably eO|aql8o the
Contractor's duties hereunder, or renders porformanoe, enforcement or compliance with the totality of the Contract impossible,
patently unreasonable,orunnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the
parties ut their addresses aofollows:
~
TO CITY: TO CONTRACTOR:
GUS8O KOOMS. 8Uy9r||
Purchasing Contract Administrator
City ofYakima
129 North 3nd street
Yakima,WA 98901
56. Survival
The foregoing sections of this CVOtx8C[ 2'56 inC|US|v8. 8h8U survive the expiration or termination of this Contract in accordance
with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OPYAK|MA [ENTER CONTRACTOR NAME]
_ By:
City Manager ^
Date:_ _ Date:
Attest: (Print name)
City Clerk
STATE OF }
/ss.
COUNTY OF
121O4p Armed Security Guard Services Pa8e43of43
EXhib g
VII. COST PROPOSAL FORM
PROPOSAL COST FORM
Armed Security Guard and Other Services- RFP 12104P
Having carefully examined all of the RFP specifications including the "Proposal Requirements" and the
"Evaluation Criteria", all of which are contained herein, the Undersigned proposes to furnish the following,
which meet these specifications. List total cost for providing services below including,but not limited to,taxes,
insurance,certifications,trainings,supplies and cost of preparing this proposal.
Schedule A
Armed Security Guard Services, Law&Justice Center
Straight Time Bill Rate—Regular Hours:
26.50
Hourly cost per person. Hourly
Wage Rate: $ 18.50
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM: $ 26.50
Hourly cost per person. Hourly
Wage Rate: $ 18.50
Hourly
Schedule B
Security Guard Services,Community Diversion Program
Straight Time Bill Rate—Regular Hours:
$ 24.50
Hourly cost per person. Hourly
Wage Rate: $ 16.50
Hourly
Straight Time Bill Rate,Before 7:45 AM or After 5:00 PM: $ 24.50
Hourly cost per person. Hourly
Wage Rate: $ 16.50
Hourly
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate—Regular Hours:
47.50
Hourly cost per person. Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ $26.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM: Hourly $ 47.50
cost per person. Hourly
i Please List if there is a minimum hour requirement 4 Wage Rate: $ 26.00
Hourly
Phoenix Protective Corporation Page 89
RFP 12104P Armed Security Guard and Other Services 1 08
Please List any additional cost associated with PRISONER WATCH services. Use
an additional sheet labeled PRICE FORM if more space is needed.
If a transport is needed,PPC can provide using a company or client provided
$ 45.00
Hourly
specially equipped vehicle. Rate per company provided vehicle listed. $ .56/mile
Hourly
Schedule D
Event Security
Straight Time Bill Rate—Regular Hours:
$ 27.00
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 16.00-18.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. $ 27.00
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 16.00-18.00
Hourly
Straight Time Bill Rate—Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. $ 29.00
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 18.00-22.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. $ 29.00
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 18.00-22.00
Hourly
Schedule D
Lock/Unlock Services
Straight Time Bill Rate—Regular Hours:
Hourly cost per person. $32.00($8,00/locklun)
Hourly
Please List if there is a minimum hour requirement n/a Wage Rate: $ 18.00
Hourly
Straight Time Bill Rate,Before 7:00 AM or After 6:00 PM:
Hourly cost per person. $32.00( 800aoctuun)
Hourly
Please List if there is a minimum hour requirement n/a Wage Rate: $ 18.00
Hourly
Phoenix Protective Corporation Page 90
RFP 12104P Armed Security Guard and Other Services 1 09
OPTIONAL SERVICES
Please describe any optional services you might provide and cost for optional services i.e. mobile
patrol, unarmed building security, perimeter checks and vehicle patrols. If more space is needed,
please attach additional sitect.
PPC provides K9 IED and Narcotic detection services for jail/prison and events $ 65.00
_CCTV/Remote Monitoring and Response $ 35.00
Armed EmergencyResponse (Workplace Violence Executive Protection $60.00-75.00
(depending on situation/details)
Phoenix Protective Corporation Page 91
RFP 12104P Armed Security Guard and Other Services
110
Tr"
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.D.
For Meeting of: May 18, 2021
ITEM TITLE: Resolution awarding RFP 12104P and authorizing an agreement
with PPC Solutions, Inc. for armed security guard and other
services
SUBMITTED BY: Susan Knolls, Buyer II
Maria Mayhue, Purchasing Manager
SUMMARY EXPLANATION:
City of Yakima requires armed security guard services at the Richard A. Zais Law and Justice
Center and prisoner watch, security guard services for the Community Diversion Program for
Legal, and lock-up services and event security for Parks. This service is required to ensure the
safety of the public, staff, and property. Through a Request for Proposal (RFP) process, PPC
Solutions, Inc. was identified as a qualified provider of armed security guard services, with
service to commence upon award. This item consists of a Resolution authorizing the City
Manager to execute a new Armed Security Guard Services contract between the City of Yakima
and PPC Solutions, Inc.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution to AvvaTd 12104P and Authorize Contract 5/3/2021 Resolution
D Contract with PPC solutions, Inc. 5/3/2021 Cont act
D Exhibit A to the Contract 5/3/2021 Exhibit
D Exhibit E to the Contract 5/3/2021 Exhibit
D Recommendation of Avvard Demo 5/4/2021 Cover Memo
111
11.
BID CONTRACT AMENDMENT NO. 2
BID CONTRACT: 12104P Armed Security Guard and Other Services
DESCRIPTION: Addition of Unarmed Uniform Security Guard Services for Softball Leagues and
Addition of Federal Language, CFR 200.
CONTRACTOR: Phoenix Protective Corporation (PPC)
AMENDMENT:
Addition of unarmed uniform security for Softball League to regular services. Softball league is
comprised of four seasons per year. Each season is approximately six weeks, 2-3 nights per week.
Addition of Federal language, 2 CFR 200,to Contract to allow use of Contract with federally funded
projects.
DOLLAR AMOUNT OF MODIFICATION:
$27.00 an hour per Unarmed Uniform Security Guard for Softball League.
CONDITIONS:
This unarmed service will take effect May 17, 2022.
Addition of Federal language, 2 CFR 200, will take effect immediately. All other parts of this Contract
will remain the same.
ADDITIONAL INFORMATION:
Please see attached quote for City of Yakima Softball League, Season No. 1.
This bid was awarded to Phoenix Protective Corporation on May 19, 2021. This is a possible five
year contract ending on May 18, 2026.
AUTHORIZATION:
Please see signatures of approval below.
DA 1 ED this 13 day of June , 2022.
C O YAKIM.4 _ Phoenix Protective Corporation
acaa- Sheila Leslie
Robert • n ,n,City • ager Date Print
•�eth Wilkin n,Parks and Recreation Mana r l ate Signature Date
RFP 12104P Contract Amendment No. I Page 1 of 2
112
;IC
Josh Braun, Manager
(509)319-4835 I josh braun@phoenixprotectivecorp.com
tEj MIS) 7--- T
........
111
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� a PROFESSIONAL
-•
• - PROACTIVE
~ t ' RESPONSIVE
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Uniformed Security Officers
Prepared for: Yakima
City of Yakima Parks and Rec
etitisks,(\Reg: rear, inni, ,
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PPC SOLUTIONS INC.
May 17, 2022
Yakima Parks and Recreation
Tami Andringa
2301 Fruitvale Blvd
Yakima, WA 98902
Via email: tami.andringa@yakimawa.gov
RE: Quote for Uniform Security Services
Dear Ms. Andringa,
Thank you for contacting us regarding uniform security services for the Yakima Parks and
Recreation. Based on our conversation, I have completed a quote for the services that we
discussed.
We are excited to work with you again this year and look forward to continuing to assist you
with your security needs.
Please don't hesitate to contact me if you have any questions.
Sincerely,
2' A O. 32 24.44-1,
Josh Braun Mobile: (509) 319-4835
Business Development Manager Email:josh.brawnftphoenixprotectivecorp.com
CORPORATE HEADQUARTERS ( PPC SOLUTIONS
1tVO.f. APPLEwAY SPOKANE VAI LCY,W;:9'.I[Ilu
WWW.PHOENIrPROTECTIVFCOIiP.COM I (5t 9)448-4777
Phoenix Protective Corporation
Page 2
114
<kA,
PPC SOLUTIONS INC.
Quote:
Washington Fruit Community Center: We can provide one (1) officer from 0900-1600 (9:00 AM-
4:00 PM), Monday through Friday with an unpaid lunch from June 20-August 19, 2022. The
officer will be posted at the Washington Fruit Community Center and monitoring the site for
transients and property that is on-site during the time that the children are on site.
Softball Coverage: We will provide one (1) officer from 1700-2100 (5:00 PM-9:00 PM), 2 days
per week based on the schedule that was sent at 1500 E Maple St, Yakima, WA 98901 for a
duration of 6 weeks for Season 1. The officer will be posted at the gates conducting bag checks
looking for alcohol and other banned items.
602 N 4t"St, Yakima, WA 98901
Service Rate Unit Quantity Period Period No.of Estimated
Cost Periods Cost
Uniform Security Services $27.00 Hour 32.5 Week $887.50 9 $7,897.50
*Uniform Security Invoices are provided weekly.
1500 E Maple St, Yakima, WA 98901
Service Rate Unit Quantity Period Period No.of Estimated
Cost Periods Cost
Uniform Security Services $27.00 Hour 8 I Week $216.00 6 $1,196.00
*Uniform Security Invoices are provided weekly.
Phoenix Protective Corporation Page d
115
CLIENTPOINT DOWNLOAD RECEIPT
DOWNLOADED: 05-23-2022
CLIENTPOINT ID: 685162
116
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118
Federal Funding
When spending Federal Funding, the City complies with and has a separate policy for "Uniform
Administrative Requirement, Cost Principals, and Audit Requirements for Federal Awards",
published in Title 2 of the Code of Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318
through 200.326. ALL GRANTS ARE DIFFERENT, so one size does not fit all. Some grants simply
require you to use your own procurement rules, while others require you to insert their
contracting clauses into your contract.
2 CFR 200 Procurement Standards for when utilizing Federal Funds
(Adapted for City of Yakima use to comply with 200.318 through 200,326)
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
200.321 Contracting with small and minority businesses, women's business enterprises. and labor
surplus area firms.
200.322 Procurement of recovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency or pass-through entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
1. General procurement standards. (Adapted from §200.318)
A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect
applicable State. local. laws and regulations. providing for procurements that conform to applicable
Federal law and the standards identified in these Procurement Standards.
B. Oversight: City Attorney shall maintain oversight when procuring Equipment. Materials, Services and
Limited Public Works. to ensure that contractors perform in accordance with the terms, conditions,
and specifications of their contracts or purchase orders.
C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award and administration of
contracts in the City. In addition, no employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by a Federal award if he or she has a real or apparent
conflict of interest. Such a conflict of interest would arise when the employee, officer. or agent. any
member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract.
The officers. employees. and agents of the City may neither solicit nor accept gratuities. favors, or
anything of monetary value from contractors or parties to subcontracts.
D. Organizational Conflicts of Interest: If the City has a parent, affiliate. or subsidiary organization that
is not a state, local government, or Indian tribe, the City maintains written standards of conduct
119
covering organizational conflicts of interest. Organizational conflicts of interest means that because
of relationships with a parent company, affiliate, or subsidiary organization. the City entity is unable
or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate. an analysis will be made of lease versus purchase
alternatives. and any other appropriate analysis to determine the most economical approach
F. Intergovernmental Procurements: To foster greater economy and efficiency. and in accordance with
efforts to promote cost-effective use of shared services across the Federal Government, the City is
encouraged to enter into state and local intergovernmental agreements or inter-entity agreements
where appropriate for procurement or use of common or shared goods and services.
G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of
purchasing new equipment and property whenever such use is feasible and reduces project costs.
H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value
engineering is a systematic and creative analysis of each contract item or task to ensure that its
essential function is provided at the overall lower cost.
I. Responsible Contractor: The City must award contracts only to responsible contractors possessing
the ability to perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public policy,
record of past performance, and financial and technical resources. See also §200.213 Suspension
and debarment.
J. Records: The City must maintain records sufficient to detail the history of procurement. These
records will include. but are not necessarily limited to. the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the
contract price.
K. Time and Materials Contracts: The City entity may use a time and materials type contract only after
a determination that no other contract is suitable and if the contract includes a ceiling price that the
contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to
a City is the sum of:
i. The actual cost of materials: and
ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
L. Ceiling Price: Since this formula generates an open-ended contract price, a time-and-materials
contract provides no positive profit incentive to the contractor for cost control or labor efficiency.
Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further.
the City awarding such a contract must assert a high degree of oversight in order to obtain reasonable
assurance that the contractor is using efficient methods and effective cost controls.
M. Issues: The City alone must be responsible, in accordance with good administrative practice and
sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests. disputes,
and claims. These standards do not relieve the City of any contractual responsibilities under its
120
contracts. The Federal awarding agency will not substitute its judgment for that of the City unless the
matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal
authority having proper jurisdiction.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885. Dec. 19, 2014: 80 FR 43309, July 22, 20151
2. Competition. (Adapted from § 200.319)
A. Full and Open Competition: All procurement transactions must be conducted in a manner providing
full and open competition consistent with the standards of this section. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, or invitations for bids or requests for proposals must
be excluded from competing for such procurements. Some of the situations considered to be
restrictive of competition include but are not limited to:
B. Unreasonable Requirements: Placing unreasonable requirements on firms in order for them to
qualify to do business;
C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding,
D. Noncompetitive Pricing: Noncompetitive pricing practices between firms or between affiliated
companies:
E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts;
F. Organizational conflicts of interest:
G. Brand Name: Specifying only a 'brand name" product instead of allowing "an equal" product to be
offered and describing the performance or other relevant requirements of the procurement; and
H. Arbitrary Actions: Any arbitrary action in the procurement process.
I. Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of
statutorily or administratively imposed state. local, or tribal geographical preferences in the evaluation
of bids or proposals. except in those cases where applicable Federal statutes expressly mandate or
encourage geographic preference. Nothing in this section preempts state licensing laws. When
contracting for architectural and engineering (NE) services, geographic location may be a selection
criterion provided its application leaves an appropriate number of qualified firms. given the nature
and size of the project, to compete for the contract.
J. The City ensures that all solicitations:
i. Incorporate a clear and accurate description of the technical requirements for the material,
product. or service to be procured. Such description must not, in competitive procurements,
contain features which unduly restrict competition. The description may include a statement
of the qualitative nature of the material. product or service to be procured and, when
necessary, must set forth those minimum essential characteristics and standards to which it
must conform if it is to satisfy its intended use. Detailed product specifications should be
avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate
description of the technical requirements. a "brand name or equivalent" description may be
121
used as a means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated: and
ii. Identify all requirements which the offerors must fulfill and all other factors to be used in
evaluating bids or proposals.
iii. The City ensures that all prequalified lists of persons, firms. or products which are used in
acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the City must not preclude potential bidders from
qualifying during the solicitation period.
[78 FR 78608. Dec. 26. 2013. as amended at 79 FR 75885 Dec. 19, 2014]
3. Methods of procurement to be followed. (Adapted from §200.320 )
The City must use one of the following methods of procurement.
A. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro-purchase threshold
(§200.67 Micro-purchase). To the extent practicable, the City must distribute micro-purchases
equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive
quotations if the City considers the price to be reasonable.
B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used. price or rate
quotations must be obtained from an adequate number of qualified sources.
C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all
the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid
method is the preferred method for procuring construction, if the conditions in paragraph (C)(i) of this
section apply.
i. In order for sealed bidding to be feasible, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available:
2) Two or more responsible bidders are willing and able to compete effectively for the
business: and
3) The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
4) If sealed bids are used, the following requirements apply:
a) Bids must be solicited from an adequate number of known suppliers, providing
them sufficient response time prior to the date set for opening the bids (11 days
for the City in 2 issues and 13 days for the County in 2 issues). The invitation for
bids must be publicly advertised;
122
b) The invitation for bids, which will include any specifications and pertinent
attachments, must define the items or services in order for the bidder to properly
respond:
c) All bids will be opened at the time and place prescribed in the invitation for bids,
and opened publicly:
d) A firm fixed price contract award will be made in writing to the lowest responsive
and responsible bidder. Where specified in bidding documents, factors such as
discounts, transportation cost, and life cycle costs must be considered in
determining which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are usually taken
advantage of: and
e) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals. The technique of competitive proposals is normally
conducted with more than one source submitting an offer, and either a fixed price or cost-
reimbursement type contract is awarded. It is generally used when conditions are not appropriate for
the use of sealed bids. If this method is used. the following requirements apply:
i. Requests for proposals must be publicized and identify all evaluation factors and their
relative importance. Any response to publicized requests for proposals must be considered
to the maximum extent practical:
ii. Proposals must be solicited from an adequate number of qualified sources:
iii. The City must have a written method for conducting technical evaluations of the proposals
received and for selecting recipients;
iv. Contracts must be awarded to the responsible firm whose proposal is most advantageous
to the program, with price and other factors considered:, and
v. The City may use competitive proposal procedures for qualifications-based procurement
of architectural/engineering (NE) professional services whereby competitors'qualifications
are evaluated and the most qualified competitor is selected, subject to negotiation of fair
and reasonable compensation. The method, where price is not used as a selection factor.
can only be used in procurement of NE professional services. It cannot be used to
purchase other types of services though NE firms are a potential source to perform the
proposed effort.
vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used only
when one or more of the following circumstances apply:
1)The item is available only from a single source;
2)The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
3)The Federal awarding agency or pass-through entity expressly authorizes
noncompetitive proposals in response to a written request from the City: or
123
4)After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19. 2014; 80 FR 54409, Sept. 10, 2015]
4. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms. (Adapted from §200.321)
A. The City must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
i. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists (forward requests to Purchasing);
ii. Assuring that small and minority businesses. and women's business enterprises are
solicited whenever they are potential sources.
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses. and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce, and Montana Department of Transportation
https://www.mdt.mt.gov/businesslcontractinq/civihdbe.shtml.; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (i) through (ii) of this section.
5. Procurement of recovered materials. (Adapted from §200.322 )
The City must comply with section 6002 of the Solid Waste Disposal Act. as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery: and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26. 2013, as amended at 79 FR 75885. Dec. 19, 2014]
6. Contract cost and price. (Adapted from §200.323)
A. The City must perform a cost or price analysis in connection with every procurement action in excess
of the Simplified Acquisition Threshold including contract modifications. The method and degree of
124
analysis is dependent on the facts surrounding the particular procurement situation, but as a starting
point. the City must make independent estimates before receiving bids or proposals.
B. The City must negotiate profit as a separate element of the price for each contract in which there is
no price competition and in all cases where cost analysis is performed. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be performed, the risk
borne by the contractor, the contractor's investment, the amount of subcontracting. the quality of its
record of past performance, and industry profit rates in the surrounding geographical area for similar
work.
C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost estimates included in negotiated prices would be allowable
for the City. The City may reference its own cost principles that comply with the Federal cost
principles.
D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
7 Federal awarding agency or pass-through entity review. (Adapted from §200.324)
A. The City must make available. upon request of the Federal awarding agency or pass-through entity.
technical specifications on proposed procurements where the Federal awarding agency or pass-
through entity believes such review is needed to ensure that the item or service specified is the one
being proposed for acquisition. This review generally will take place prior to the time the specification
is incorporated into a solicitation document. However, if the City desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or pass-through
entity may still review the specifications, with such review usually limited to the technical aspects of
the proposed purchase.
B. The City must make available upon request, for the Federal awarding agency or pass-through entity
pre-procurement review. procurement documents, such as requests for proposals or invitations for
bids. or independent cost estimates, when:
i. The City's procurement procedures or operation fails to comply with the procurement
standards in this part;
ii. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be
awarded without competition or only one bid or offer is received in response to a solicitation;
iii. The procurement, which is expected to exceed the Simplified Acquisition Threshold.
specifies a "brand name" product:
iv. The proposed contract is more than the Simplified Acquisition Threshold and is to be
awarded to other than the apparent low bidder under a sealed bid procurement; or
v. A proposed contract modification changes the scope of a contract or increases the contract
amount by more than the Simplified Acquisition Threshold.
C. The City is exempt from the pre-procurement review in paragraph (ii) of this section if the Federal
awarding agency or pass-through entity determines that its procurement systems comply with the
standards of this part.
125
D. The City may request that its procurement system be reviewed by the Federal awarding agency or
pass-through entity to determine whether its system meets these standards in order for its system to
be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and
third party contracts are awarded on a regular basis;
E. The City may self-certify its procurement system. Such self-certification must not limit the Federal
awarding agency's right to survey the system. Under a self-certification procedure. the Federal
awarding agency may rely on written assurances from the City that it is complying with these
standards. The City must cite specific policies. procedures, regulations, or standards as being in
compliance with these requirements and have its system available for review.
8. Bonding requirements. (Adapted from §200.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition
Threshold. the Federal awarding agency or pass-through entity may accept the bonding policy and
requirements of the City provided that the Federal awarding agency or pass-through entity has made a
determination that the Federal interest is adequately protected. If such a determination has not been made,
the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The'bid guarantee" must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price.A"performance
bond" is one executed in connection with a contract to secure fulfillment of all the contractor's
obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A"payment bond"
is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
9. Federal Contract provisions. (Adapted from §200.325)
The City's contracts utilizing Federal Funding must contain the applicable provisions described in Appendix
II to Part 200—Contract Provisions for City Contracts Under Federal Awards, which can be viewed and
copied at:
http://federal.elaws.us/cfr/title2.chapterii.part200.appii
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A)Contracts for more than the simplified acquisition threshold currently set at$I50,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils)as authorized by 41 U.S.C. 1908,must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
126
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that
meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246,"Equal
Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,p. 339),as amended by
Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and
implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal
Employment Opportunity,Department of Labor."
(D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148). When required by Federal program legislation. all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146-3148)as supplemented by Department
of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute,contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a
week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29
CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion, or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,all contracts
awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704,as supplemented by Department of
127
Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement"under 37 CFR §401.2 (a)and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding agreement,"the recipient
or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
(G)Clean Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387),as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as
amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR
part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension."SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
128
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-
Federal award.
(J)See§200.322 Procurement of recovered materials.
[78 FR 78608,Dec.26,2013,as amended at 79 FR 75888,Dec. 19,2014]
129
2025-2026 PRICE INCREASE WORKSHEET
CONTRACT: 12104P Armed Security Guard and other Services
CONTRACT Armed Security Guard Services for Access Control into Law&Justice Center, Unarmed
DISCRIPTION: Security Guard Services for Access Control into Community Diversion Program,Armed
DATE PREPARED: 6/26/2025
SCHEDULE A
Armed Security Guard Services, Law&Justice Center
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
Requested
WA State Program Cost Program Cost
Program PPC Program Cost Hourly Rate Difference from
CPI-W Minimum with Minimum with PPC Program Yrly
Current Current Yrly Program Cost Requested Hourly Rate with 26% Increase 2024-2025
Adjusted Wage Wage Requested Savings
Pricing Per Cost with CPI-W Hourly Rate with 26% Increase 43.40{,,c to
Hrly Rate (Est.4606 Hrly Rate Adjustment Increase Adjustment Increase Increase Increase (Est.4606 MINUS (Est.4606 2025-2026
Hrs) 2021-2025 (Est.4606 (43.40%) (Est.4606 'ors) Negoatiated Hrs) (Est.4606 Hrs)
(21.69%) Hrs) Hrs)
Rate(< '/o)
$26.50 $122,059.00 $33.37 $153,721.10 $32.25 $148,533.60 $38.00 $175,028.00 $33.39 $153,794.34 $4.61 $21,233.66 $31,735.34
*Service consists of two arned security guards 8:00 AM-5:00 PM,seven days a week except for Federal holidays
SCHEDULE B
Unarmed Security Guard Service,Community Diversion Program
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
WA State Requested
Program Cost PPC Program Cost Hourly Rate Difference from
Program CPI-W Minimum Program Cost
Current Program Cost with Minimum Requested with PPC Hourly Rate Increase Program Yrly 2024-2025
Current Yrly Adjusted Wage with 26%
Pricing Per with CPI-W Wage Hourly Rate Requested with 26% Savings to
Hrly Rate Cost Hrly Rate Increase Increase
Adjustment Increase Increase Increase Adjustment MINUS (Est.30 Hrs; 2025-2026
Est.30 Hrs) (25.94%) 2021-2025 (Est.30 Hrs)
(21.69%) (Est.30 Hrs) Negoatiated (Est.30 Hrs)
Rate(26%)
$24.50 $735.00 $30.86 $925.66 $29.81 $894.42 $38.00 $1,140.00 $30.87 $926.10 $7.13 $213.90 $191.10
*This service is no longer used by Legal and has transferred this to Municpal Courts,Court Room Security
130
2025-2026 PRICE INCREASE WORKSHEET
SCHEDULE C
Armed Prisoner Watch Services
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
Requested
WA State Program Cost
Program Cost PPC Program Cost Hourly Rate
Program CPI-W Minimum Program Cost Difference from
Current Program Cost with Minimum Requested with PPC Hourly Rate Increase Program Yrly
Current Yrly Adjusted Wage with26% 2024-2025
Pricing Per with CPI-W Wage Hourly Rate Requested with 26% (43.40%) Savings
Cost Hrly Rate Increase Increase to
Hrly Rate Adjustment Adjustment Increase Increase Increase MINUS (Est.5 Hrs)
Est.5 Hrs) 2021-2025 2025-2026
(21.69%) (Est.5 Hrs) (36.84%) (Est.5 Hrs` Negoatiated
Rate (26%) (Est.5 Hrs)
$47.50 $237.50 $59.82 $299.11 $57.80 $289.01 $65.00 $325.00 $59.85 $299.25 $5.15 $25.75 $61.75
*This service is only used by Partrol and hos only been used once.
Armed Transportation of Prisoner-Wages
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
WA State Due to the requested Requested
Program Cost PPC Difference from
Program CPI-W Minimum Program Cost increase being lower then Hourly Rate
Current Program Cost with Minimum Requested Program Yrly 2024-2025
Current Yrly Adjusted Wage with PPC the minimum wage Increase
Pricing Per with CPI-W Wage Hourly Rate Savings to
Cost Hrly Rate Increase Requested increase and CPI-W MINUS
Hrly Rate Adjustment Adjustment Increase (Est.0 Hrs) 2025-2026
(Est.0 Hrs) (25.94%) 2021-2025 Increase increase,the requested Negoatiated
(21.69%) (Est.0 Hrs) (22.22%) increase is accepted. Rate (Est.0 Hrs)
$45.00 $56.67 $54.76 $55.00 $55.00 $10.00
*This service has never been used,
Armed Transportation of Prisioner-Milage-PPC Vehicle
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
IRS PPC Due to the requested Requested
Program Cost Difference from
Current Program Standard Requested Program Cost increase being lower then Hourly Rate
with IRS Program Yrly 2024-2025
Milage Current Yrly Milage Mileage with PPC the minimum wage Increase
Standard N/A N/A Savings to
Rate,Per Cost Reimburse Rate Requested increase and CPI-W MINUS
Reimburseme (Est.0 Hrs) 2025-2026
Mile (Est.0 Hrs ment Rate, Increase Increase increase,the requested Negoatiated
nt Rate (Est.0 Hrs)
Per Mile increase is accepted. Rate
$0.56 $0.70 N/A N/A $0.70 $0.70 $0.14
*This service has never been used
131
2025-2026 PRICE INCREASE WORKSHEET
Schedule D Event Security
Event Security-Unarmed
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
WA State Requested
Program Cost PPC Hourly Rate
Program CPI-W Minimum Program Cost Difference from
Current Program Cost with Minimum Requested Hourly Rate Program Cost Increase
Current Yrly Adjusted Wage with PPC Program Yrly 2024-2025
Pricing Per with CPI-W Wage Hourly Rate with 26% with 26% (55.55%)
Cost Hrly Rate Increase Requested Savings to
Hrly Rate Adjustment Adjustment Increase Increase Increase MINUS
(Est.0 Hrs) (25.94%) 2021-2025 2025-2026
(Est.0 Hrs) Increase Negoatiated
(21.69%)
Rate
$27.00 $34.00 $32.86 $42.00 $34.02 $7.98 $0.00 $7.02
*This service has been used in the past by Parks but was not used last year.
Event Security-Armed
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
WA State Requested
Program Cost PPC Hourly Rate
Program CPI-W Minimum Program Cost Difference from
Current Program Cost with Minimum Requested Hourly Rate Program Cost Increase
Current Yrly Adjusted Wage with PPC Program Yrly 2024-2025
Pricing Per with CPI-W Wage Hourly Rate with 26% with 26% (43.40%)
Cost Hrly Rate Increase Requested Savings to
Hrly Rate Adjustment Adjustment Increase Increase Increase MINUS
(Est.0 Hrs) (25.94%) 2021-2025 2025-2026
(Est.0 Hrs) (55.55%) Increase Negoatiated
(21.69%)
Rate(26%)
$29.00 $36.52 $35.29 $44.00 $36.54 $7.46 $0.00 $0.00
*This service has never been used,
SCHEDULE E
Lock/Unlock Services-Regular Hours and Before 6:00 AM and After 6:00 PM
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings Increase
WA State Requested
Program Cost PPC Program Cost Hourly Rate Difference from
Program CPI-W Minimum Program Cost
Current Program Cost with Minimum Requested with PPC Hourly Rate Increase Program Yrly 2024-2025
Current Yrly Adjusted Wage with 26%
Pricing Per with CPI-W Wage Hourly Rate Requested with 26% Savings to
Hrly Rate Cost Hrly Rate Adjustment Increase Increase
Adjustment Increase Increase Increase MINUS (Est.546 Hrs) 2025-2026
(Est.546 Hrs) (25.94%) 2021-2025 (Est.546 Hrs)
(21.69%) (Est.546 Hrs) Est.546 Hrs) Negoatiated (Est.546 Hrs)
Rate
$32.00 $17,472.00 $40.30 $22,004.24 $38.94 $21,261.68 $44.00 $24,024.00 $40.32 $22,014.72 $3.68 $2,009.28 $4,542.72
132
2025-2026 PRICE INCREASE WORKSHEET
Opptional Services- .i hese services have never been used
K9 Detection Services:IED and Narcotics for Jail/Prison Events
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Negotiated Increase Savings
Increase
Amount
WA State Due to the requested Requested
Program Cost PPC Difference from
Program CPI-W Minimum Program Cost increase being much lower Hourly Rate
Current Program Cost with Minimum Requested Program Yrly 2024-2025
Current Yrly Adjusted Wage with PPC then the minimum wage Increase
Pricing Per with CPI-W Wage Hourly Rate Savings to
Cost Hrly Rate Increase Requested increase and CPI-W MINUS
Hrly Rate Adjustment Adjustment Increase (Est.0 i-., 2025-2026
(Est.0 Hrs) (25.94%) 2021-2025 Increase increase,the requested Negoatiated
(Est.0 Hrs) (Est.0 Hrs)
(21.69%) increase is accepted. Rate
$65.00 $81.86 $79.10 $67.50 $67.50I $2.50
CCTV/Remote Monitoring and Response
Negotiated Increase Savings
Increase
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Amount
WA State Due to the requested Requested
Program Cost PPC Difference from
Program CPI-W Minimum Program Cost increase being much lower Hourly Rate
Current Program Cost with Minimum Requested Program Yrly 2024-2025
Current Yrly Adjusted Wage with PPC then the minimum wage Increase
Pricing Per with CPI-W Wage Hourly Rate Savings to
Cost Hrly Rate Increase Requested increase and CPI-W MINUS
Hrly Rate Adjustment Adjustment Increase (Est.0 Hrs) 2025-2026
(Est.0 Hrs) (25.94%) 2021-2025 Increase increase,the requested Negoatiated
(Est.0 Hrs) (8.57%) (Est.0 Hrs)
(21.69%) increase is accepted. Rate
$35.00 $44.08 $42.59 $38.00 $38.00I $3.00
Armed Emergency Response-Workplace Violence,Executive Protection(Depending on Situation/Details)
Negotiated Increase Savings
Increase
Current Program Cost CPI-W Increase Minimum Wage Increase Requested Increase Amount
WA State PPC Due to the requested Requested
Program Cost Difference from
Program CPI-W Minimum Requested Program Cost increase being much lower Hourly Rate
Current Program Cost with Minimum Program Yrly 2024-2025
Current Yrly Adjusted Wage Hourly Rate with PPC then the minimum wage Increase
Pricing Per with CPI-W Wage Savings to
Cost Hrly Rate Increase Increase Requested increase and CPI-W MINUS
Hrly Rate Adjustment Adjustment (Est.0 Hrs) 2025-2026
2021-2025 Increase increase,the requested Negoatiated
(Est.0 Hrs) (Est.0 Hrs)
(21.69%) increase is accepted. Rate
$60.00 $0.00 $75.56 $0.00 $73.01 $0.00 $65.00 $0.00 $65.00 $5.00
$75.00 $85.00
133
2025-2026 PRICE INCREASE WORKSHEET
Total Savings $23,482.59
Total Contract Increase $36,278.06
Estimated Contract Spend $175,809.06
134
2025-2026 PRICE INCREASE WORKSHEET
CPI Data for Services in "Seattle-Tacoma-Bellevue,WA, Urban Wage Earners and Clerical Workders, not Seasonally Adjusted
•
&lO25,1:31Pt: Bureau orutt- : .: _
4...BUREAU OF LABOR STATISTICS
i
Databases, Tables & Calculators by Subject
aoecial Notices 4/25/2024
Change Output Options:
From:2021 To:2025
i_ NioreFBrmdttin Optionsy►
include graphs include annual averages
Data extracted on:June 10,2025(4:30:40 PM)
Consumer Price Index for Urban Wage Earners and Clerical Workers(CPI-WI
Series Id: CWURS49DSAS
Not Sea Bona l.y Adjusted
Series Title: Services in Seattle-Tacoma-Bellevue,WA,urban wage earners and clerical workers,not seasonally adjusted
Area: Seattle-Tacoma-Bellevue WA
Item: Services
Base Period: 1982.84=1OO
Download: el:I,XISX
Year Jan Feb Mar Apr My Nos Jul Aug Sep OctNovDec Annual HALF1 $ALF2
2021 360.446_ 63.22 1 364.611 364.610 369.146 370.450 364.669 361.862 367.476
2022 375.085 381.684 391..910 393.828 400379 405.955 389.799 380.367 399.731
2023 411..393 414.43.8. 419.602 423.503 427.044 430.669 419.747 413.831 425.664
2024 437.578 412.735 446.632 450.005 451147 451.494 445.689 440.636 450.742
2025 456.252 C157.44
U.S.BUREAU Of LABOR STATISTICS Office of Publications and Special Studies Suitland Federal Center Floor 7 4600 Silver Hill Road Washington,DC 20212-0002
Telephone:202-691-5200.Telecommunications Relay Service:7-1-1_www.bls,gov C rint.at Us
135
2025-2026 PRICE INCREASE WORKSHEET
WA. State Minumum Wage Data - History of Washington State's Minumum Wage miMIE
61141125.1:38 PM History of Washington = Wag.
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al.dum.e 4mp.uyin.wago_r)
History of Washington State's Minimum Wage
These are the changes by year that have been made to the Washington State minimum
wage since 1951.
Initiative 688,approved by Washington voters in 1998,required L&1 to make a cost-of-
living adjustment to the minimum wage each year between 2001 and 2016,based on the
federal Consumer Price Index for Urban Wage Earners and Clerical Workers(CPI-W).
Initiative 1433,approved by Washington voters in 2016,requires a statewide minimum
wage of$11.00 In 2017,$11.50 in 2018,$12.00 In 2019,and S1 3.50 In 2020_Starting n
2021,adjustments to the minimum wage returned to being based on the CPI-W.
In 2025,the minirnum wage in Washington is$1 6.66 Per hour.
Each year,L&I is required to make a cost-of-living adjustment tothe minimum wage based
on the CPI-W.
See the Minimum Wade iMrra.r:rn,wa page for more
information and to find out why it changes.
History of Minimum Wage in Washinglon State
Effective date Minimum wage per hour
January 1,2625 $16.66
January 1,2024 $26_28
January 1,.2023 $15_74
January 1,2022 $14,49
January 1,2421 $13.69
January 1.2020 $13.50
January 1,2019 $12.40
January 1,2019 $11.50
January 1,2017 $11,00
January 1.2019 $9.47
January 1,2015 $9.47
January L 2014 $9.32
htgasllYnvw_Ira.wa.govlw orkers-righl shuageshninimunn-wageihi srrxyof-washington-states-mini mum-wage 1:?
136
2025-2026 PRICE INCREASE WORKSHEET
2025 IRS MILEAGE RATE -111
hIRS
IRS increases the standard mileage rate
for business use in 2025; key rate
increases 3 cents to 70 cents per mile
IR-2024-312,Dec.19,2024
WASHINGTON—The Internal Revenue Service today announced that the optional standard mileage rate for
automobiles driven for business will increase by 3 cents in 2025,while the mileage rates for vehicles used for
other purposes will remain unchanged from 2024.
Optional standard milage rates are used to calculate the deductible costs of operating vehicles for business,
charitable and medical purposes,as well as for active-duty members of the Armed Forces who are moving.
Beginning Jan.1,2025,the standard mileage rates for the use of a car,van,pickup or panel truck will be:
• 70 cents per mile driven for business use,up 3 cents from 2024.
• 21 cents per mile driven for medical purposes,the same as in 2024.
• 21 cents per mile driven for moving purposes for qualified active-duty members of the Armed Forces,
unchanged from last year.
• 14 cents per mile driven in service of charitable organizations,equal to the rate in 2024.
The rates apply to fully-electric and hybrid automobiles,as well as gasoline and diesel-powered vehicles.
While the mileage rate for charitable use is set by statute,the mileage rate for business use is based on an annual
study of the fixed and variable costs of operating an automobile.The rate for medical and moving purposes,
meanwhile,is based on only the variable costs from the annual study.
Under the Tax cuts and Jobs Act,taxpayers can not claim a miscellaneous itemized deduction for unreimbursed
employee travel expenses.And only taxpayers who are members of the military on active duty may claim a
deduction for moving expenses incurred while relocating under orders to a permanent change of station.
Use of the standard mileage rates is optional.Taxpayers may instead choose to calculate the actual costs of using
their vehicle.
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