05/18/2021 04D Resolution awarding RFP 12104P and authorizing an agreeement with PPC Solutions, Inc.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
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 Knotts, 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
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Adopt Resolution
ATTACHMENTS:
Description
Resolution to Award 12104P and Authorize Contrast
Contract with PPC Solutions, Inc.
D Exhibit A to the Contract
Exhibit E to the Contract
Recommendation of Award Memo
Upload Date
Type
5/3/2021
Resolution
5/3/2021
( Dntr'act
5/3/2021
Exhibit
5/3/2021
Exhibit
5/4/2021
Caoeer Memo
RESOLUTION NO. R-2021-
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 18t" Day of May, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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 PPC Solutions Inc., ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement of Work
The minimum services 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 to provide a singular designated Project Manager
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 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 service(s) provided by the Contractor which are to
be paid by the City must have prior written approval of the City.
Prices shall 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 a month by month basis. The monthly invoices will be submitted by the
Contractor to the City on or 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; provided, however, that all such payments are expressly conditioned upon Contractor providing services 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 of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the
Contract on a year to year basis for up to four additional years provided. Contract extensions shall be automatic, and shall go
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. If approved, change
will be made by a contract modification that will become effective upon 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 shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City.
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.
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.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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.
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 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.
Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as maybe 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.
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 own any and all data, documents, plans, copyrights, specifications, working papers, 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 to the City.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
12. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority for this project, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful execution of the work.
a. City of Yakima Business License. Contractor shall have a valid and current business license per Chapter 5.02 .010
of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions.
Said license shall be obtained prior to 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 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101
or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
50 RCW.
e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify
in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of
Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
13. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex,
age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the
Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following; employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of
Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules,
regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for any future City contracts.
14. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their essential job functions cannot
disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation
information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
15. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions 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, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties,
fines, lawsuits, 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 or agents.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance
as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. 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. The business auto liability shall include Hired and Non -Owned coverage
if necessary.
Commercial Automobile Liability Insurance:
a. If Contractor owns any vehicles, before this Agreement is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile liability insurance and
commercial umbrella liability insurance with a 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.
b. If Contractor does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required
and may added to the commercial liability coverage at the same limits as required in that section of this
Agreement, which is Section 16.a Entitled "Commercial Liability Insurance".
c. Under either situation described above in Section 16.a. and Section 16.b, 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 shall be in effect for the duration of this Agreement. The
Policy shall name the City of Yakima, its elected officials, officers, agents, employees, and volunteers as
additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without
first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company' shall be crossed
out and initialed by the insurance agent). The insurance shall be with an insurance company of companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall 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 to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as
needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess 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 shall be discontinued immediately. Any failure to maintain the required insurance may
be sufficient cause for the City to terminate the Contract.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
RFP 12104P Armed Security Guard and Other Services - City of Yakima
negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and
volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
The City reserves the right to 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 Dollars ($50,000) to reimburse City of any damages incurred as result of dishonesty, burglary, theft, fraud or
destruction of 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 resulting from fraudulent or dishonest acts committed by employees of the Contractor, acting
alone or in collusion with others. Said bond or insurance shall remain in effect during the term of this Agreement.
18. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such
invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition 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, Scope of Work, conditions, addenda, 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 shall be of any force or effect with respect to those matters covered herein.
These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are
hereby incorporated by reference into this Contract.
20. Termination
a. Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty (30) calendar
days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this
Contract.
The Contractor may terminate the Contract after providing the City ninety (90) calendar days' notice of the City's right
to cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or 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 or expiration
b. Termination for Convenience: Either party may terminate the Contract at any time, without cause, by providing a
written notice; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor
providing at least ninety (90) calendar days' notice to the City in advance 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 be compensated for partially completed services. In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the
services requested, at 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 sole discretion of the City, 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 reserves the right to cancel 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;
RFP 12104P Armed Security Guard and Other Services - City of Yakima
• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 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 a delinquent Washington tax liability;
• Becomes a State or Federally debarred Contractor;
• Is 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 to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or 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 placed on such funding, the City may terminate this Contract
by providing at least five business days written notice to the Contractor. The termination shall be effective on
the date specified in the notice of termination.
Default by Contractor: The Contractor may be declared in default and may be terminated immediately by the City
for one of the following reasons;
• Failure of the Contractor to maintain satisfactory performance level;
• Failure of the Contractor to 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
contract;
• Failure to maintain mandatory licenses, certificates, insurance or meet mandatory RFP requirements;
• Insolvency of Contractor.
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 constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences,
then the parties shall first pursue mediation as a means to resolve the dispute. If 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,
may re -award the contract to the next most responsible proposer within 120 days from original award.
23. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written agreement amendment,
signed by the City Manager, or pursuant to Section 55 below entitled "Change or Notice". Any violation of this 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 Contract, Contractor shall 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: personnel,
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 to in this Contract as the "(Services)."
RFP 12104P Armed Security Guard and Other Services - City of Yakima
10
25. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in
another shall be performed to the same extent as though required by all. Details of the services that are not necessary 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. Invoices
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; provided, however, that all such payments are expressly conditioned upon Contractor providing services hereunder
that are satisfactory to the 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 number, description 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-
rata basis for all satisfactory services provided to the City under this Agreement up to the effective termination date.
Contractor will mail invoices to the City at the following address:
City of Yakima Accounts Payable
129 No. 2nd Street
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's preferred method of payment is by procurement (credit) card. Proposers may be required to 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 as a form of payment.
28. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to 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 of the services, with or without the City's prior written consent, shall
relieve Contractor of its responsibility to perform the services 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. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. 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 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 in a timely manner and in accordance with the standards of the profession. At the time
of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services in
accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the
services in accordance with its own methods.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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30. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to
federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, 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 at 8.3%). Tax
will not be considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the City to take any
sales tax and B&0 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 of Records
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 to the work or services undertaken pursuant to 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 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 equipment for such inspection and free access to 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 procedures. 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 a period of 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 Personally Identifiable Information 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 to
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.
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 indications of confidentiality contained on or included in any item of Confidential Information
shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. If
requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice or indication of
confidentiality to 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.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such
disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding
if giving such notice is legally permissible.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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35. Price Increases
If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of 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 (CPI-W) for the previous twelve months. The City, in its sole discretion, will decide whether to approve
or deny the rate increase request or any part thereof within 30 days of receipt of the request. If approved, increase shall take
effect 30 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
considered or granted until any outstanding required financial reports have been submitted to the City. No profit margin
adjustment will be allowed.
36. Suspension of Work
The City may suspend, in writing, all or a portion of the Service under this Agreement if unforeseen circumstances 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 normal progress of the Service. The Contractor may suspend Service on the Project in the event the City does
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 is suspended. If the period of suspension exceeds ninety (90) 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 of Project in accordance with Section 20. Termination.
37. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted
industry practices, standards and legal requirements, and to the City `s satisfaction; the City 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.
a. 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 solely responsible for controlling the manner and means by which it and its Contracted
Personnel or its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all
of its obligations in accordance with all legal 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
to 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, shall be rendered or declared invalid by a 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.
If any provision of this Agreement is in 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 shall be deemed modified to
conform to such statutory provision
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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41. Promotional Advertising 1 News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast a -mails pertaining to this procurement shall not be made without prior written authorization of the
contracting agency.
42. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract, including the provision of
the services within the time agreed or on a 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 by the Contractor, as long as the price of such additional products is based on the same cost/profit formula 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.
44. Ownership
All material produced as a result of this Contract shall be the exclusive property of the City. Additionally, the City shall have
unrestricted authority to reproduce, 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 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 set forth by the State of Washington RCW's,
WAC's 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 of Change in 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 to 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
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 of any subsequent breach thereof. Leniency, delay or failure of either
party 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, along with the City of Yakima's RFP 12104P and the Contractor's response to the Request for Proposal ("RFP"),
represents the entire understanding of the City and Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not be modified
or altered except in writing signed by both parties.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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51. Force Majeure
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 causes may include, but are not restricted to, acts of God or the
public enemy, acts of the government in either its sovereign or contractual capacity fire, floods, strikes, epidemics/pandemics
and quarantine restrictions, war, riot, delay in transportation 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 be governed by and construed in accordance with the laws of the State of Washington.
53. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima
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 or Notice
Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without
such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for
Proposals or in excess of allowable and accepted price changes shall be made.
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.
Notice of Business Changes: 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 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 governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the
Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible,
patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent
to the parties at their addresses as follows:
TO CITY:
Susan Knotts, Buyer II
Purchasing Contract Administrator
City of Yakima
129 North 2nd street
Yakima, WA 98901
TO CONTRACTOR:
Sheila Leslie
President
PPC Solutions, Inc.
18303 E Appleway Ave.
Spokane Valley, WA 99016
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.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA
City Manager
Date:
Attest:
City Clerk
STATE OF )
SS.
COUNTY OF
PPC SOLUTIONS INC.
By.
Date: April 26, 2021
Sheila Leslie
(Print name)
RFP 12104P Armed Security Guard and Other Services - City of Yakima
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City of Yakima
NOTICE TO PROPOSERS
RFP NO. 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. RFPs will 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 COVID-19 pandemic and the Governor's order against public
gatherings, our public bid openings will now be conducted via live stream
through our City of Yakima YPAC Division. The link to view the public bid
opening remotely is as follows: htt s://www.yakimawa.Rov/council/live-
stream .
A pre -proposal site visit of the Richard A. Zais, Jr. Law and Justice Center or
Seasons Performance Hall may be requested by appointment only. Wearing o
E and social distancing will be mandatory during any site visit.
Instructions to register with PublicPurchase.com are available at
www.YakimaWA.Gov/Services/Purchasing.
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
Law Against Discrimination (RCW chapter 49.60) & the Americans with
Disabilities Act (42 USC 12101 et set.)
Dated March 19, 2021. Publish on March 19 & 20, 2021
Susan Knotts, CPPO, CPPB
Buyerll
12104p Armed Security Guard Services Page 1 of 43
CITY OF YAKIMA REQUEST FOR PROPOSAL # 12104P
SIGNATURE SHEET
$f
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.
g
Purchasing For:
City of Yakima
129 N. 2nd Street
Yakima, WA 98908
Buyer in charge of this procurement (Contact for further information):
Susan Knotts, CPPO, CPPB
Buyer II
Proposals Must be completely uploaded by: Public Opening W Phone E-Mail Address
April 16, 2021 at 11:00:oo AM PST (509) 575-6095 Susan. Knotts a@YakimaWA.Gov
PROJECT DESCRIPTION SUMMARY
Armed Security Guard and Other Services
Enter Prompt Payment Discount: %net days We/I can start service within days after receipt of Notice of
Award.
❑ Check if you are a WMBE or DBE Vendor and list certification Number:
❑ 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
12104p Armed Security Guard Services Page 2 of 43
IV.
TABLE OF CONTENTS
DEFINITIONS
The following definitions of terms shall apply, unless otherwise indicated: ........................
GENERAL INFORMATION
1. |ntnzduction-------------------------------------.
2. Scope and Objectives ................................................................................................
3. Background and Current Operations .........................................................................
4. Contracting Agency and Point ofContact ..................................................................
5. ProvisionoofSenvioes-------------------------------'
6. Contractor Compliance and Responsibility for Actions .............................................
7. Public Records Access ..............................................................................................
8. Propriebary|nformation-------------------------------.
0. Requests forPub|icOiadouume---------------------------.
10. Retention cfRights ---------------------------------.
11. Clarifications and/or Revisions toSpecification and Requirements --------'
12. NawoRe|eaaea-----------------------------------.
13. Proposer Conference and Site Visit ..........................................................................
14. Examining Documents & Facilities ............................................................................
15. Calendar ofEvents ---------------------------------.
16. Contract Term ............................................................................................................
17. Incurring Costs -----------------------------------'
18. NoObligation toContract ..........................................................................................
10. Women & Minority Business Enterprises and Disadvantaged Business Enterprises
20. Best Modern Practices ...............................................................................................
21. More orLess ..............................................................................................................
22. Other City Departments/Like Items Added ................................................................
23. PaymentTermsand|nvuicing---------------------------'
PREPARING AND SUBMITTING A PROPOSAL
1. General Instructions ...................................................................................................
2. Submitting aProposal -------------------------------.
3. MultiplePropooals---------------------------------'
4. VVithdrawaofPropuna|o------------------------------'
G. OrganizaUonandFormatofRequirodPropnea|Bomento-------------.
6. OeviaUonaandExoeptiona-----------------------------.
7. ProhibdionofPropooerTermo&Conditions--------------------.
PROPOSAL REQUIREMENTS
1. Mandatory Proposer Qualifications ...........................................................................
2. Mandatory Contract Performance Requirements ......................................................
3. General Requirements -------------------------------'
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12104p Armed Security Guard Services Page 3 of 43
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4. References................................................................................
5. Questionnaire............................................................................
V. COST PROPOSAL
1. General Instructions for Preparing Cost Proposals ...................
2. Total Project Cost......................................................................
3. Pricing and Discount..................................................................
4. Pricing Clarification....................................................................
5. Prompt Payment........................................................................
VI. EVALUATION AND CONTRACT AWARD
1. Preliminary Evaluation...............................................................
2. Proposer Presentations/Scoring................................................
3. Evaluation Criteria.....................................................................
4. RFP Evaluation..........................................................................
5. Award / Best and Final Offers ....................................................
6. Tied Score.................................................................................
7. Offer in Effect for Ninety (90) Days ............................................
8. Notification of Intent to Negotiate/Intent to Award .....................
9. Right to Reject Proposals and Negotiate Contract Terms.........
10. Protest Procedure......................................................................
VII. COST PROPOSAL FORM
VII1. PROPOSER QUESTIONNAIRE
IX. PROPOSER REFERENCES
X. SAMPLE CONTRACT
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1 DEFINITIONS
The following definitions of terms shall apply, unless otherwise indicated:
"Buyer" means the contact person listed on page 2 of this document.
"City" 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 to be 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.
"Department" means the City of Yakima, Department/Division.
"Executive" means the City of Yakima City Manager.
"Project Manager" means the individual in City of Yakima Departments/Divisions and/or an assigned
individual from the Contractor responsible for administering day-to-day operational matters of the Contract.
"Proposal" means the complete response of a proposer submitted on the approved forms and setting forth
the proposer'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 of Work.
"Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the
requirements and performance obligations of the Contract.
12104p Armed Security Guard Services Page 5 of 43
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RFP # 12104P
Armed Security Guard and Other Services
11 INFORMATION
I
1. Introduction
The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable
them to prepare and submit a 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 of Yakima 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 Center: 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 Law 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, a 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 miles 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 a 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 or statute. 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 is a major food packing and processing region.
Adding to the area's economy are over 250 manufacturing firms in the Yakima area that produces a variety
of products including wood products, packaging, plastic products, produce and aircraft parts.
12104p Armed Security Guard Services Page 6 of 43
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BACKGROUND
The Dick Zais Law and Justice Center 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 up to 50 participants each session four days a week. This building is also
where the public comes to report a crime, inquire about a current investigation, and to pay any tickets, fines
or court fees.
The Seasons Performance Hall at 101 N. Naches 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 approximately 150 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 of Yakima Parks and Recreation Division has thirty four (34) parks throughout the City, ranging in
location from the Yakima's West Valley area to East Yakima. The City parks 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 restroom facilities which are open to the public from DAWN to DUSK (during summer
approximately 6:00 AM to 10:00 PM).
CURRENT OPERATIONS
At the Law 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 as 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
a 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 closed to the public,
the security guards do another sweep of all the courtrooms and bathrooms for any pedestrians that might
still be in 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 2nd and 4tn
Tuesday of the month from 8:30 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 of Yakima Police Department also uses prisoner watch from time to time. This service is rarely
needed and is only needed on a local 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 lock/unlock services at up to eleven (11) different City parks. These parks range in location from 1323 S.
80t" Avenue 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 restroom facility
when the parks close at night, ensuring restroom facilities are vacant before properly securing any and all
entrances to the restroom 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' restroom facilities, officers detect and deter any criminal activity, 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 to two 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 at 2101 Tieton
Dr., Miller Park at 502 N. 4th Ave., and MLK Jr. at South 8`h Street and Beech, on Fridays from approximately
6:00 PM to 9:00 PM, and Saturdays and Sundays from approximately 2:30 PM to 8:30 PM.
4. Contracting Agency and Point of Contact
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 of release of
this RFP until a Notice of Intent to Award 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
disqualification of the Proposer.
S. Provisions of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance
with accepted industry practices, standards and legal requirements, and to the City's satisfaction; the City'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 or in equity.
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:
a. 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 a Project Manager (the "Project Manager") for liaison and consultation with the City. The
Project Manager shall 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 of procurement 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 a request for public disclosure will be handled in accordance with
applicable City procurement regulations and the Washington State Public Records Act (RCW 42.56 et seq.).
It is the Proposer's responsibility to defend the determination in the event of an appeal or litigation.
Unless otherwise noted, data contained in a 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.
9. Requests for Public Disclosure
Washington State Public Disclosure Act (RCW 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, or are otherwise privileged. All documents submitted relation to these
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 post all RFP responses online and
available to the public after the contract is signed.
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject
such submittal. If, in the City's opinion, the material is subject to disclosure, 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 solely by the
Proposer, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure
and Proposer shall indemnify City against same. If the Proposer fails or neglects to take such action within
said period, the City will release all materials deemed subject to disclosure. Submission of materials in
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 to 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 or 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 2, a minimum of five business (5) days prior to the
submittal due date.
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 an
Addendum. All Addenda are posted on www.YakimaWA.Gov/Services/Purchasing and
www.PublicPurchase.com and/or sent 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 a proposal.
12. News Releases
News releases pertaining to this RFP or to the acceptance, rejection, or evaluation 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. Naches Ave., may be requested between March 19, 2021 and April 8, 2021. To
schedule an appointment, please contact Susan Knotts at 509-575-6095.
Due to the COVID-19 pandemic and to ensure the safety of our employees and contractors, all site visits
shall be conducted as follows:
• Each Contractor is required to maintain at least six (6) feet of separation from City staff as well as all
other personnel and Contractors present.
• Every person at the site visit is 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.
15. Calendar of Events
Listed below are important dates and times by which actions related to this 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.
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The schedule of events after the Proposal due date will be handled as expeditiously as possible, but there is
not a set schedule. An Evaluation Committee will be formed to evaluate 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 3 of Contract.
17. Incurring Costs
The City is not liable for any cost incurred by a Proposer in the process of responding to this RFP including
but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in
facilitating site visits or any other activities related to responding to this RFP.
18. No Obligation to Contract
This RFP does not obligate the City to contract for service(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 to the issuance of a
Notice of Intent to Award. 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.g. "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
City'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 to 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 or Less
Services and quantities, referring to the 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 or limited to the services and quantities listed. The City reserves the right to increase or decrease
quantities and services to meet actual needs. Payment will be made 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 at the request of the
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.
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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 to the correct address for
processing.
A good faith dispute creates an exception to prompt payment.
111111. PREPARING AND SUBMITTING
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 a Proposal.
2. Submitting a Proposal
Proposals shall be completely uploaded into Public Purchase.com no later than the date and time listed on
Page 2 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 closed for business at the time scheduled for opening, for whatever reasons, Proposer's
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 lockbox until date and time of opening. To register as a Vendor/Proposer with Public
Purchase, go to www.publicpurchase.com or to the City of Yakima website at
www.YakimaWA.Gov/Services/Purchasing. 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
et seq.) shall be 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 a Proposer will be permissible; however, each Proposal must conform fully to the
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 of Proposals
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 at any time up to 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 of Required Proposal Elements
Proposers responding to this RFP must comply with the following format requirements. The City reserves
the right to exclude any responses from consideration that do not follow the required 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 of 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.
Tab 3 - Transmittal Letter
The transmittal letter must be written on the Proposer's official business stationery and signed by an
official authorized to legally bind the Proposer. Include in the letter:
1) Name and title of Proposer representative;
2) Name, physical and mailing address of company;
3) Telephone number, fax number, and email address;
4) RFP number and title;
5) A statement that the Proposer believes its Proposal meets all the requirements set forth in the
RFP;
6) 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,
8) 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 IV, No's 1 & 2 of this RFP.
Responses that fail to meet the mandatory requirements shall be deemed non -responsive
Tab 5- Response to General Requirements
Provide a point -by -point response to each requirement specified in Section IV, 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 Proposer. Proposers must accept or submit point -by -point
exceptions along with proposed alternative or additional language for each point. The City may or may
not consider any of the Proposer's suggested revisions. Any changes or amendment to 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 of proposal, including, but not
limited to:
• Cover Sheet — Required in Tab #2
• Questionnaire — Required here in Tab #7
• Cost Proposal — Required in Tab #8
• Financial Review or Compilation Report by a CPA firm, which is not to be older than one (1) year.
• Sample Contract — Required in Tab #6
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Tab 8 - Cost Proposal as identified in Section V.
Provide all cost information according to the instructions provided. Include all costs for furnishing the
product(s) and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any
requested information in the prescribed format may result in disqualification of the Proposal. If service is
not provided please state so. Also include on a separate sheet under this tab a list of all Optional Services
and the price for each 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's own contract terms and conditions in a response to this RFP. If
a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal
to be a nonresponsive counteroffer, and the proposal may be rejected.
IV. PROPOSAL REQUIREMENTS
In selecting 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 to establish experience criteria with which the
Proposer demonstrates their capability to provide Armed and Unarmed Security Guard Services to the City.
All proposal submissions are based upon an 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 of appeal.
The following requirements in Sections IV. 1 & 2 are mandatory and the Proposer must satisfy them at no
additional cost to the City. Responses to each requirement must indicate that the Proposer either "does
comply" with the requirement or "does not comply". No explanation is required, as non-compliance with any
of the following requirements will result in proposal rejection and removal from further consideration.
If Proposer feels the Mandatory Proposal Requirements are proprietary, contact the Buyer listed on the
Signature Sheet to determine if requirements should be changed.
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 of verifiable experience in security screening and
related equipment operations within a court or similar security screening environment.
c. 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 a
copy with RFP response documents and proof of renewals.
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f. Security officers providing armed services must be able to lawfully possess a firearm 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 of renewals.
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 of firearms.
i. Security officers must have verifiable training in conflict de-escalation.
j. 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 a metal detector or on/off
switch and for other visual recognition purposes.
I. Security Guards must have adequate reading skills in English, being able to read labels, identification
badges, credentials and etc.
m. Security Guards must have the ability to communicate effectively, verbally and in writing, in English.
n. 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 to lift fifteen (15) pounds.
r. Security Guards must be able to open latches, zippers, screw caps, and be able to feel
contents of a bag.
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.
t. Security Guards must be able to move quickly if necessary.
u. 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.
w. 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 clean, 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 be
distinctly different from those worn by Yakima Police Officers.
x. 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 in a Level III holster.
z. Radios: The Contractor will supply their own hand-held radios to security officers for communication
as required, to adequately perform their duties.
aa. Background Checks: Personnel must undergo a 5-year criminal history background check, initiated
and paid for by Contractor. Initial background checks must be performed within thirty (30) 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 as they are available.
Security guard must not have been convicted of any crimes against any vulnerable
population in any degree in the preceding ten (10) year period. Convictions prior to this
period will be reviewed on a 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 (5) 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.
iv. 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 a 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, as such;
i. Conduct themselves in a courteous and professional manner while performing their duties.
ii. Are responsible for acting in accordance with City'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.
b. Staffing Requirements: Contractor is to make sure that the personnel performing the duties
possesses the qualifications needed to perform the duties assigned.
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 as to their duties, responsibilities and
hours to be worked.
• Contractor must provide back-up and break support and coordinate with the Court
Administrator to ensure proper coverage is maintained.
• 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 8 AM to 5 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.
• The Contractor must also provide coverage to test all security equipment prior to the
start of the business day and to sweep the bathrooms, Court and lobby area after the
building closes. Sometimes a trail will go 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 at the close
of business.
iii. Community Diversion Court
• Uniformed security officers shall sweep the Court area, lobby, and restrooms, prior to
the start of Community Diversion Team meeting.
• 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 of participants.
iv. Lock/Unlock -Park Security
• Unarmed officers unlock restroom facilities when parks open and lock restroom facilities
when parks close (dusk), seven days a week.
• 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,
officer(s) are to ensure restrooms are vacant before properly securing all entrances to
the facilities and deter any loitering, trespassing and other vagrancy.
v. 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 or containers.
• Ensure exits are not blocked, including stage exits, and guests stay out of "Staff Only" 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 be scored.
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 RFP to 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 to this contract, including
their current job title and the role they will play during the term of contract. For each staff person,
include a brief resume with any pertinent licenses or accreditations and give at least one (1) example
of a project where the staff provided similar services to an organization with needs similar to those
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 (5) business days of the date of change.
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.g. D&B reports, BBB, or other means.
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34
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 Center; Security Services for Community
Diversion Court at the Seasons Performance Hall; Event Security; Security Lockup/Unlock Service; 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 of the Proposer.
h. Access to Facilities
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 of keys 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 or enhance the operations of their teams or units.
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 a 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.
5. Questionnaire
Proposer must complete the Proposer Questionnaire Form on Section VIII and submit it with their proposal
response.
V. COST PROPOSAL
1. General Instructions for Preparing Cost Proposals
Proposer must submit a cost proposal under Tab 8 of their proposal. If proposer agrees to allow 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 to training, testing, equipment, certifications, employee insurance, requisite services, materials,
work products and ancillary expenses.
Proposer must inform the City as to the hourly rate 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 VII. Cost Proposal Form.
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35
Contractor and any subcontractors' travel expenses (e.g. airfare, lodging, and meals, insurance) and other
miscellaneous expenses related to the provision of on -site services must be included in the proposed cost
and cannot be an additional charge.
Contractor's expenses related to providing on -site services (e.g. 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 prices shall reflect these discounts. Unit prices shown
on the proposal or contract shall be the price per unit of sale (e.g., 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 be solely to provide consistent assumptions from which an accurate cost
comparison can be achieved.
5. Prompt Payment
Proposers are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount
proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after:
a. Receipt of a properly completed invoice
b. Receipt of all supplies, equipment or services ordered
c. Satisfactory completion of all contractual requirements
1. EVALUATION AND CONTRACT
1. Preliminary Evaluation
All Proposals shall be evaluated against the same standards. The Proposals will first be reviewed to
determine if they contain the required forms, follow 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. Proposer Presentations/Scoring
Based on evaluation and scoring of the written proposals by the Selection Team on the stated criteria, an
estimate of two to four top scoring proposals may be short-listed. Short-listed Proposers may be required to
participate in interviews and/or site visits to support 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 to the Proposer. Failure of a Proposer to interview or permit a site visit on the date
scheduled may result in rejection of the Proposer's Proposal.
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. Description
Points
Experience,in Security Services
30
Proposers Service Plan and
30
Capability to Perform
overall Cost of the Services
20
Staff Qualifications
15
References,
5
TOTAL POSSIBLE POINTS
100
The points stated above are the maximum amount awarded for each category. The evaluation process is
designed to recommend award of this procurement to the proposal that is the best value for the City, 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 of reference 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. RFP Evaluation
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.
5. 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 Team'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. If 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 to the
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 be final.
7. Offer in Effect for Ninety (90) Days
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 of Events, or receipt of best and
final offer, if required, and Proposer so agrees in submitting the proposal.
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8. Notification of Intent to Negotiate/Intent to Award
Proposers will be notified in writing of the City'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 is not made 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 a
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: Maria.Mayhue@YakimaWA.Gov. The protest shall
clearly state the specific factual and legal ground(s) for the protest, and a 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 (5) 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 below for
details). The following steps shall be taken in an attempt to resolve the protest with the Proposer:
Step I. 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 11. 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 Ill. 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 final
determination in writing to the Protester.
Award Announcement
Purchasing shall announce the successful Proposer via Website, e-mail, fax, regular mail, 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 a written protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one of the following applies:
• The supplies or services to be 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 to the City.
If the award is made, regardless of a protest, 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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38
I L 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.
hourly
Wage Rate:
$
l lourly
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:
$
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
39
Please List any additional cost associated with PRISONER WATCH services. Use
an additional sheet labeled PRICE FORM if more space is needed.
Straight Time Bill Rate — Regular Hours:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person.
Please List if there is a minimum hour requirement
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person.
Please List if there is a minimum hour requirement
Straight Time Bill Rate — Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person.
Please List if there is a minimum hour requirement
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person.
Please List if there is a minimum hour requirement
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Please List if there is a minimum hour requirement
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Hourly cost per person.
Please List if there is a minimum hour requirement
l lourly
$
l lourly
Hourly
Wage Rate: $
l lourly
Hourly
Wage Rate: $
Hourly
Hourly
Wage Rate: $
Hourly
Hourly
Wage Rate: $
Hourly
Wage Rate: $
Hourly
Hourly
Hourly
Wage Rate: $
Hourly
12104p Armed Security Guard Services Page 24 of 43
40
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.
P1
P1
12104p Armed Security Guard Services Page 25 of 43
ill. PROPOSER QUESTIONNAIRE
41
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's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business
License No.
Phone ( )
FAX ( )
Mailing Address
City
Physical Address
City
Federal
EIN No.
Toll Free Phone ( )
E-Mail Address
State
State
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( )
Toll Free Phone
FAX ( )
E-Mail Address
Mailing Address
City
State
Physical Address
City
State
Zip + 4
Zip + 4
Zip + 4
Zip + 4
12104p Armed Security Guard Services Page 26 of 43
42
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
43
PROPOSER QUESTIONNAIRE
Page 3 of 4
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?
Please explain
Yes: No:
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
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
w
PROPOSER QUESTIONNAIRE
PROPOSER: Page 4 of 4
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 agovernmental entity orpublic 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 ofacrime involving the bidding onagovernment
contract, the awarding ofagovernment contract, the performance ofe
government contract, or of a crime of fraud, theft, embezzlement, perjury,
bribery? This does not include Owners ofstock ifyour firm /oapublicly traded
Please explain
12104p Armed Security Guard Services Page 29 of 43
45
IX. PROPOSER REFERENCES
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
E-Mail Address
Describe experience with reference
3) Company Name
Address (include Zip + 4)
Contact Person
E-Mail Address
Describe experience with reference
Position
affolff-31mo
Position
Phone No.
12104p Armed Security Guard Services Page 30 of 43
X. SAMPLE CONTRACT
46
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").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement of Work
The minimum services 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 to provide a singular designated Project Manager
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 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 service(s) provided by the Contractor
which are to be paid by the City must have prior written approval of the City.
Prices shall 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 a month by month basis. The monthly invoices will be submitted by the
Contractor to the City on or 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; provided, however, that all such payments are expressly conditioned upon Contractor providing services
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 of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the
Contract on a year to year basis for up to four additional years provided. Contract extensions shall be automatic, and shall
go 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. If approved,
change will be made by a contract modification that will become effective upon 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 shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City.
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.
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 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.
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.
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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 own any and all data, documents, plans, copyrights, specifications, working papers, 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 to the City.
12. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority for this project, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful execution of the work.
a. City of Yakima Business License. Contractor shall have a valid and current business license per Chapter 5.02 .010
of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions.
Said license shall be obtained prior to 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 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor
must have a current UBI number and not be disqualified from bidding on any public works contract under RCW
39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
50 RCW.
e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify
in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of
Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
13. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex,
age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any
sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60)
or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following; employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of
Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules,
regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for any future City contracts.
14. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their essential job functions
cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation
information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
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15. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions 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, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties,
fines, lawsuits, 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 or agents.
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 tc
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
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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.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance
as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. 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. The business auto liability shall include Hired and Non -
Owned coverage if necessary.
Commercial Automobile Liability Insurance:
a. If Contractor owns any vehicles, before this Agreement is fully executed by the parties,
Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella liability insurance with a 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.
b. If Contractor does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be
required and may added to the commercial liability coverage at the same limits as required in that section
of this Agreement, which is Section 16.a Entitled "Commercial Liability Insurance".
C. Under either situation described above in Section 16.a. and Section 16.b, 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 shall be in effect for the duration of this
Agreement. The Policy shall name the City of Yakima, its elected officials, officers, agents, employees,
and volunteers as additional insured, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon
the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company of companies rated A-VII or higher in Best's Guide and admitted in the State of
Washington.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall 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 to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as
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needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess 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 shall be discontinued immediately. Any failure to maintain the required insurance may
be sufficient cause for the City to terminate the Contract.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and
volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
The City reserves the right to 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 Dollars ($50,000) to reimburse City of any damages incurred as result of dishonesty, burglary, theft, fraud or
destruction of 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 resulting from fraudulent or dishonest acts committed by employees of the
Contractor, acting alone or in collusion with others. Said bond or insurance shall remain in effect during the term of this
Agreement.
18. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such
invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition
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, Scope of Work, conditions, addenda, 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 shall be of any force or effect with respect to those matters
covered herein. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima,
WA, 98901, and are hereby incorporated by reference into this Contract.
20. Termination
a. Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty (30) calendar
days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this
Contract.
The Contractor may terminate the Contract after providing the City ninety (90) calendar days' notice of the City's
right to cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or 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 or expiration
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b. Termination for Convenience: Either party may terminate the Contract at any time, without cause, by providing a
written notice; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor
providing at least ninety (90) calendar days' notice to the City in advance 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 be compensated for partially completed services. In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the
services requested, at 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 sole discretion of the City, 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 reserves the right to cancel 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;
• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 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 a delinquent Washington tax liability;
• Becomes a State or Federally debarred Contractor;
• Is 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 to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or 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 placed on such funding, the City may terminate this Contract
by providing at least five business days written notice to the Contractor. The termination shall be effective on
the date specified in the notice of termination.
d. Default by Contractor: The Contractor may be declared in default and may be terminated immediately by the City
for one of the following reasons;
• Failure of the Contractor to maintain satisfactory performance level;
• Failure of the Contractor to 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
contract;
• Failure to maintain mandatory licenses, certificates, insurance or meet mandatory RFP requirements;
• Insolvency of Contractor.
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 constitute a 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 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,
may re -award the contract to the next most responsible proposer within 120 days from original award.
23. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written agreement
amendment, signed by the City Manager, or pursuant to Section 55 below entitled "Change or Notice". Any violation of this
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 Contract, Contractor shall 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:
personnel, 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 to in this Contract as the "(Services)."
25. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in
another shall be performed to the same extent as though required by all. Details of the services that are not necessary 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. Invoices
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; provided, however, that all such payments are expressly conditioned upon Contractor providing services
hereunder that are satisfactory to the 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 number, description 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-
rata basis for all satisfactory services provided to the City under this Agreement up to the effective termination date.
Contractor will mail invoices to the City at the following address:
City of Yakima Accounts Payable
129 No. 2nd Street
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's preferred method of payment is by procurement (credit) card. Proposers may be required to 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 as a form of payment.
28. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all
contractual 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 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 of the services, with or without the City's prior written consent, shall
relieve Contractor of its responsibility to perform the services 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. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City.
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 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 in a timely manner and in accordance with the standards of the profession. At the time
of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services in
accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the
Services in accordance with its own methods.
30. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to
federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, 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 at 8.3%).
Tax will not be considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the City to
take any sales tax and B&0 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 of Records
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 to the work or services undertaken pursuant to 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 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 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
kept in accordance with generally accepted accounting procedures. 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
a period of 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 Personally Identifiable Information 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 to 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.
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 indications of confidentiality contained on or included in any item of Confidential Information shall
be reproduced by Contractor on any reproduction, modification, or translation of such Confidential Information. If requested by the
City in writing, Contractor shall make a reasonable effort to add a proprietary notice or indication of confidentiality to 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.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such
disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding if
giving such notice is legally permissible.
35. Price Increases
If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of 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 (CPI-W) for the previous twelve months. The City, in its sole discretion, will decide whether to approve or deny
the rate increase request or any part thereof within 30 days of receipt of the request. If approved, increase shall take effect 30
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
considered or granted until any outstanding required financial reports have been submitted to the City. No profit margin
adjustments will be allowed.
36. Suspension of Work
The City may suspend, in writing, all or a portion of the Service under this Agreement if unforeseen circumstances 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 normal progress of the Service. The Contractor may suspend Service on the Project in the event the City does 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 is suspended. If the period of suspension exceeds ninety (90) 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
of Project in accordance with Section 20. Termination.
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37. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted
industry practices, standards and legal requirements, and to the City 's satisfaction; the City 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.
a. 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 solely responsible for controlling the manner and means by which it and its Contracted Personnel
or its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all of its obligations in
accordance with all legal 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 to
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, shall be rendered or declared invalid by a 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.
If any provision of this Agreement is in 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 shall be deemed modified to conform to
such statutory provision
41. Promotional Advertising I News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast a -mails pertaining to this procurement shall not be made without prior written authorization of the contracting
agency.
42. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract, including the provision of the
services within the time agreed or on a 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 by the Contractor, as long as the price of such additional products is based on the same cost/profit formula 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 produced as a result of this Contract shall be the exclusive property of the City. Additionally, the City shall have
unrestricted authority to reproduce, 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 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 set forth by the State of Washington RCW's, WAC's
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 of Change in 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 to 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 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 of any subsequent breach thereof. Leniency, delay or failure of either party 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, along with the City of Yakima's RFP 12104P and the Contractor's response to the Request for Proposal ("UP"),
represents the entire understanding of the City and Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not be modified or
altered except in writing signed by both parties.
51. Force Majeure
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 causes may include, but are not restricted to, acts of God or the public enemy,
acts of the government in either its sovereign or contractual capacity fire, floods, strikes, epidemics/pandemics and quarantine
restrictions, war, riot, delay in transportation 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 be governed by and construed in accordance with the laws of the State of Washington.
53. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
12104p Armed Security Guard Services Page 42 of 43
58
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 or Notice
Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such
signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals
or in excess of allowable and accepted price changes shall be made.
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.
Notice of Business Changes: 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 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 governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the
Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible,
patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the
parties at their addresses as follows:
TO CITY:
Susan Knotts, Buyer II
Purchasing Contract Administrator
City of Yakima
129 North 2nd street
Yakima, WA 98901
TO CONTRACTOR:
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.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA [ENTER CONTRACTOR NAME]
By:
City Manager
Date: Date:
Attest:
City Clerk
STATE OF
ss.
COUNTY OF
(Print name)
12104p Armed Security Guard Services Page 43 of 43
59
PROPOSAL FORM
Armed 11
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.
$
26.50
Hourly
Wage Rate:
$
18.50
Hourly
Straight Time Bill Rate, Before 7:45 AM or After 5:00 P:
$
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:
Hourly cost per person.
$
24.5
._Hourly
Wage Rate:
$
16.50
Hourly
Straight Time Bill Rate, Before 7:45 AM or After 5:00 P:
$
24.50
Hourly cost per person.
Hourly
Wage Rate:
$
16.50
Hourly
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
$
17.50
t%4fikd Iy
Please List if there is a minimum hour requirement 4 Wage Rate: $
$2 .00
Horwrly
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM: Hourly
$
4T50
cost per person,
Hourly
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
60
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 2rovide usin a com any or client rovicle $ 45.00
Hour1F
s ecial1 j, equipped vehicle, Rate er cols any' 2rovided vehicle listed. $ .56/mile`
Hour), _.
Schedule D
Event Security
Straight Time Bill Rate — Regular Hours:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. $27.00
..
Hourly
Please List if there is a minimum hour requirement
Straight Time Bill Rate, Before 7:00 AM or After 6:00 P:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person,
Please List if there is a minimum hour requirement
Straight Time Bill Rate — Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person,
Please List if there is a minimum hour requirement
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person,
Please List if there is a minimum hour requirement
Schedule
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Please List if there is a minimum hour requirement n/a
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Hourly cost per person,
Please List if there is a minimum hour requirement
n/a
Wage Rate: $ . 11 //1
Hourlv
$ 27.00
Hourly
Wage Rate: $ • 0 8tt
Hourly
29.00
_..... Hourly
Wage Rate: $ 18.00-22.00
Hourly
$ 29.00
Hourly
Wage Rate: $ 18.00-22.00
Hourlv
$ 32.00 ($8.00/lock/un)
Hourly
Wage Rate: $ 18.00
HOIArly
$32.00 ($8.00/lock/un)
Hourly
Phoenix Protective Corporation Page 90
RFP 12104P Armed Security Guard and Other Services
a
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.
—CCTV/Remote Monitoring and Response $ 35-00
Armed Emergency Response (L2Ltplace Vic4enc2j,ELecutive Protection $60.00-75,00
(depending • situation/details)
0
Phoenix Protective Corporation Page 91
RFP 12104P Armed Security Guard and Other Services
Z
memo
To:
From:
Date:
oq���
Susan kftott�, Buyer ji
April27,2021
Award of RFP 12104P Armed Security Guard and Other Services
On March 19, 2021, the City of Yakima solicited RFP 12104P to hire a Vendor to provide armed
security guard services for the Richard A. Zais Law & Justice Center, security guard services for
the Legal Department and Parks Division, and armed prisoner watch for the Police Department
along with other services as needed for the City.
The RFP was advertised in the Yakima Herald Republic on March 19�1 and 20th, A Notice to
Proposers was also sent out nationally through Public Purchase.corn on March 19th to two
hundred thirty five vendors, with only three Proposals being received on the due date of April
16, 2021 from the following companies:
Phoenix Protective Corp. dba; PPC Solutions Inc.,
Parker Corporate Services, dba; Pacific Security,
Strategic Security Corp.
The Proposals were check for responsiveness by Susan Knotts, Buyer 11,
Two proposals received; Parker Corporate Services, and Strategic Security Corp. were deemed
non -responsive for missing non -material and/or material item(s). The proposal received from
Phoenix Protective Corp. (PPC) was deemed responsive and brought before the Analysis
Committee to be reviewed and analyzed,
The following Analysis Committee was formed:
Linda Hagert, Municipal Court Services Manager
Maritza Davis, Corrections Manager
Cynthia Martinez, Senior Assistant City Atty. 11
Bradley Schneider, Parks Operations Supervisor
Shawn Boyle, Police Captain
Susan Knotts, Purchasing (advisory only
On April 22, 2021 the Analysis Committee was sent the one responsive proposal from PPC to
analyze and reviewed to make sure it meets the needs of each using department and the City,
P a g e 112
63
Sincerely,
'A df
Susan Knotts
Buyer 11, Purchasing Division
19IMEM
Maria INIqhzie- Purchasing X"ger
Datc
Bob Hmiisom Ciq,, Manago, Date