HomeMy WebLinkAboutR-2021-059 Resolution awarding RFP 12104P and authorizing an agreeement with PPC Solutions, Inc.RESOLUTION NO. R-2021-059
A RESOLUTION awarding RFP 12104P and authorizing an agreement with PPC Solutions,
Inc , for armed security guard and other services
WHEREAS, the City posted and published notice on March 19 and 20, 2021 in the
Yakima Herald Republic, on the City's webpage and through Public Purchase.com that RFP No.
12104P was available for competitive bid, and
WHEREAS, RFPs were due April 16, 2021 at 11 00 a m ; proposals that were timely
received were publicly opened in City Council Chambers in Yakima, Washington, and
WHEREAS, the following RFPs were received, as evidenced by the attached RFP
Submittal Responsiveness Form; and
WHEREAS, all responsive RFPs were sent to the Analysis Committee for
Recommendation of Award, and
WHEREAS, PPC Solutions, Inc , was the only responsive RFP received from a
responsible Bidder; Purchasing and the Analysis Committee recommends the Contract Award
be issued to PPC Solutions, Inc., and that the City Manager execute the Contract; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The RFP is hereby awarded and the City Manager is hereby authorized to execute the
Contract with PPC Solutions, Inc., attached hereto and incorporated herein by this reference, in
the estimated annual amount of $112,978.00, for the procurement of armed security guard and
other services
ADOPTED BY THE CITY COUNCIL this 18th Day of May 2021
ATTEST
girt •
S • Claar Tee, City Clerk
(14
Patricia Byer, Mayor
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 PPCSolutions |nC,yCnntraotor"\.
0ITNESSBH: The parties, |nconsideration of the terms and conditions herein, do hereby covenant and agree as follows:
t Statement of Work
The minimum S8micaS that the Contractor will provide include services described in RFP 12104P' which are attached as
Exhibit Ahereto and incorporated herein bvthis reference.
Administrative Requirements: The Contractor shall have the responsibility b}provide 8singular designated Project M8Ogg8[
with responsibility for assuring the appropriateness and adequacy Ofarmed security guard and other services and supervisor
oversight ofall Contract staff.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes
the specifications and payment schedule ofitemized prices as listed in the Contractor's RFPmubmitta| atthe time and in the
manner and upon the conditions provided for the Contract. Any additional uarviC8(a)provided bvthe Contractor which are to
bepaid bythe City must have prior written approval ofthe City.
Pr|o*G 8h8|| remain firm for the first twelve month period of the Contract, Price adjustments will only be reviewed during
contract renewal.
The City shall make payment toContractor OO@month bymonth basis. The monthly invoices will b8submitted by the
Contractor tothe City UOorabout the first week ofthe month immediately following the month the services are provided.
The City will use its best efforts 03pay each of Contractor's invoices within thirty (30) days after the City's receipt and verification
thereof; pn}vidGd, however, that all such payments are expressly conditioned upon Contractor providing nemiC8S hereunder
that are satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice.
3. Contract Term
The period 0Ythis Contract shall b8for Gperiod Ofone year from its effective date. The City may, 8tits option, extend the
Contract Unoyear h)year basis for VptOfour additional years provided. Contract extensions shall beautomatic, and shall gP
into effect without written confirmation, unless the City provides advance notice of the intention to not renew.
4. Changes
Any proposed change in this Contract shall besubmitted to the other party, for its prior written approval. If approved, change
will b8made bv8contract 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 Umeo, be on independent Contractor and not an agent or representative of City with mgon| to
performance ofthe Services. Contractor shall not represent that it is, orhold itself out as, anagent orrepresentative ofCity.
|nnoevent shall Contractor b8authorized 0Jenter into any agreement orundertaking for, O[on, behalf UfCity.
Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees.
The Contractor is solely responsible for payment of any statutory workers compensation or employers liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed, and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor
is conducting.
RFP12104P Armed Security Guard and Other Services ' City of Yakima
N. Conflict ofInterest
Contractor represents that it and its employees do not have any interest and shall not hereafter acquire any interest, direct m
indirect, which would conflict in any manner O[degree with the performance of this Agreement. Contractor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance of this agreement.
7. Successors and Assigns
8. Neither the City, nor the Contractor, shall assign, transfer, Orencumber any rights, duties, Orinterests accruing from
this Contract without the prior written consent 0fthe other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
8. Property Care
Contractor shall not allow the F8C|dv to be used for any unlawful purposes. Contractor shall not commit any waste on the
F3C||dv p0p8dv nor damage 88mo nor permit waste or damage by others. Contractor will be responsible for the proper
cUS0JUy and C8[8 of all City -owned property furnished for Contractor's use in connection with the pohbOn8noo Of this
Agreement, including but not limited to, metal detection equipment. Contractor will reimburse the City ofany loss U[damage,
normal wear and tear excepted. Contractor shall also b8responsible for the proper possession, use, and maintenance ofall
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 hothe City upon demand. All information concerning the City and said project whiChiSnotokhorwimoomettarof
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.
10i Inspection and Production ofRecords
8. The records relating k)the Services shall, at all times, b8subject 0oinspection bvand with the approval nfthe City,
but the making of k}[ tui|u[9 or delay in making) such inspection or oppmmd oh8U not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge
ofdefective Ornon-complying performance, its substantiality Orthe ease Ofits discovery. Contractor shall provide
the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's
records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract 38maybe requested bythe City. Until the expiration 0fsix (8) years after final payment 0fthe 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
byContractor under this Contract.
n. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City (if Yakima records. They must be produced to third parties, if required pursuant to
the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractors services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary ufGta\e'orecords retention schedule.
d. The terms ofthis section shall survive any expiration Ortermination Ofthis Contract.
11. Work Made for Hire
All work the Contractor performs under this Contract shall beconsidered work made for hire, and shall Uethe property Ofthe
City. The City shall Own any and all data, documents, p|8OS' DOpyhgNa' Sp9CifiS8doOS, working p8pam. and any other
materials the Contractor produces inconnection with this Contract. Oncompletion ortermination Ofthe Contract, the
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 GU applicable
laws, rules, and regulations adopted orpromulgated bvany governmental agency orregulatory body, whether federal, state,
local, Vrotherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government O[governmental authority for this project, pay8UShaq]8S8Odfoaa'8Od8|wS8||nudin8S
necessary and incidental tDthe due and lawful execution Ofthe work.
3. City OfYakima Business License. Contractor shall have avalid and current business license per Chapter 5.O2.O10
of the Y8k|08 Municipal Code covering this type of business and ShGU satisfy all 8pp||C8b|8 City Code provisions.
Said license shall b8obtained prior tDthe award Ofany contract.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required inTitle 85 RCVV.
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
o[30.12.U85/3\.
U. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
5ORCVV.
a,Although the City does not require foreign corporate proposers to qualify
in the City, County orState prior t0submitting aproposal, 'it isspecifically understood and agreed that any such
corporation will promptly take all necessary nlousUr8S to baoUm8 authorized to conduct business in the City of
Yakima, 8ttheir own expenS9, without r80ond to whether such uurp0n8UOn is actually awarded the contract, and in
the event that the award iSmade, prior tuconducting any business iDthe City.
13. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person VO the g0UOdS of race, Oreed. QO|O[. religion, O8Uon8| 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 (RCVV ch3ctor4S.00) or the
Americans with Disabilities Act (42UGC121O1 8t8eq.).
This provision shall include but not be limited to the following; employment, upgrading, demotion, transfer, recruitment,
advertising, layoff ortermination, rates of pay O[other forms of compensation, selection for training, and the p0NS|Vn Of
Services under this Agreement.
In the event Ofthe Contractor's nOOnump/|@nCe with the nnn'd|SCh0ina(|Vn C|8uue of this contract 0rwith any such 0|80.
r8Au|8UonS' or orders, this Contract may be cancelled, terminated, or suspended in whole Orin part and the Contractor may
bedeclared 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 b8uouS8 they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have access h]the compensation information 0fother employees O[applicants as8part oftheir essential job functions cannot
U|SC|OS8 the pay Of other 8mp|Oy88S or applicants to individuals who do not otherwise have 8CCeSB to Cump8O88tiOn
information, unless the diso|VSUn3 is /8\ in nBSpunSe to o h}rnl8| complaint or charge, (h) in furtherance of an investigation,
proceeding, hearing, or action, including an |Ov8nUg8tioO conducted bythe employer, O[(n) consistent with the contractor's
legal duty h}furnish information.
15. Indemnification and Hold Harmless
8. Contractor shall take all U8CGSn8ry precautions in performing the Services to prevent injury to persons or property.
Contractor agrees to defeOd, indemnify and hold honn|8SS the Qb/' its elected and appointed officials, NffiC8|,
employees, 88D[ney8' agents, and volunteers from any and all d8imS. U8m8Ddo. |OGS8S. liens, U8bi|iUeu, peO8|UoS.
fines, |awmui{n, and other proceedings and all judgmanto, awando, costs and expenses (including reasonable costs
and attorney fees) which result urarise out uf the sole negligent acts O[omissions ofContractor, its offiCia|o,officers,
employees oragents.
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 isfully executed bvthe parties, Contractor shall provide the City with @ certificate Ofinsurance
as proof of automobile |iob||dv insurance with a minimum U8bi|ib/ limit {fTwo Million DOUom /$2,000,000.00\ per
occurrence. IfContractor carries higher coverage UmdB. such |knU3 shall be shown on the Certificate Of Insurance
and Endorsements and the City, its elected and appointed officials, employees, oQontx. attorneys and volunteers
shall be named as odd|bOn8| insureds for such higher limits. The certificate oh8U clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall
b8ineffect for the duration Ofthis Contract. The policy shall name the City ofYakima, its elected and appointed
offiCi8|S' e0p|VyH89' agents, 8ttO[Onya and vO|un1e8nS as 8UUitiOn8| insureds, and uh8|| COOtG|n 8clause that the
insurer will not cancel U[change the insurance without first giving the City prior written notice. The insurance shall
be with an inSU[8OC8 company or companies rated A'V|| or higher in BeSCS Guide and admitted in the 8t803 Of
VV@3hiOghan. The requirements contained herein, as well as City ofYaki08'S review or acceptance of inDU[aOCo
m8|n18iO8d by Contractor is not intended to and 8h8|| not in any manner limit U[qualify the liabilities or obligations
assumed byContractor under this contract. The business auto liability shall include Hired and Non -Owned coverage
if necessary.
Commercial Automobile Liability Insurance:
u. If Contractor owns any vehicles, before this Agreement isfully executed bvthe parties, Contractor shall
provide the City with a certificate Of |n8Un3nCS as proof of commercial automobile ||ubUdv insurance and
commercial umbrella liability insurance with 8total minimum liability limit (fTwo Million Dollars /$2.00O.0OU.O0
per occurrence combined single limit bodily injury and property damage. Automobile liability will apply ho"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 03 the commercial liability coverage at the same limits as required in that SonUon of this
Agreement, which ioSection 18.aEntitled "Commercial Liability |Ooununo8".
C. Under either SdU8UOn described above in Section 18.a. and S8CUOn 18.h, the required certificate Of
insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are ineffect. Said policy shall b8ineffect for the duration ofthis Agreement. The
Policy ohoU name the City of Yakima, its elected N0o|a|o, offioem, agonho, omp|uyeoa, and volunteers as
additional insured, and Sh8U contain G clause that the insurer will not cancel O[change the insurance without
first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect uf"but
failure hnmail such notice shall impose Onobligation o[liability Ofany kind upon the company" shall b8crossed
out and in|U8|8d by the insurance agent). The inSU[3OC8 Sh8|| be with an insurance company of companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington.
o. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
d|8e8S8, and occupational health and Safety laws, statutes, and regulations 1Uthe full extent applicable, and Sh8U
maintain Employer's Liability insurance with 8 limit of no |ooG than $1.000.000.00. The City uhoU not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees h3assume full liability for all claims arising from this Contract including claims resulting
from negligent acts Ofall SuboonUraCtor(s). Contractor is responsible 10ensure SUbCVOt[8otor(s) have in8Un8OC8 as
U88U8d. Failure ofoUbc0OtraoonG(s) to comply with inuVmUC8 noquir80nD1S does not limit Contractor's ||abi||Iy or
responsibility.
Contractor's inmVn8DCo coverage shall be primary insurance with respect to those who are Additional |OoV0d3 under this
Contract. Any inounonce, self-insurance or insurance pool coverage maintained by the City ohuU be in exuoan of the
Contractor's insurance and shall not contribute toit.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance |nfull force
and effect, all work under the contract shall bndiscontinued immediately. Any failure k>maintain the required insurance may
be sufficient cause for the City to terminate the Contract.
Should @court of competent jurisdiction determine that this Contract is subject toRCW4.24.115.then, |Othe event of liability
RFP 12104P Armed Security Guard and Other Services - City of Yakima
negligence ofContractor and the City, its officers, olectednnUoppointed[ffici8ls'g0oloyues.agents.atto0eyaand
volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
The City reserves the rightk}requirohigherOrlow8rUmdBwh8re warranted.
17. Fidelity Bond — Employee Dishonesty
The Contractor will show proof ofproviding ofide|itybondinufonnaccoptable tothe City ofYakima iOthe amount of Fifty
Thousand DVU8rG ($50'000 03 reimburse City of any damages incurred as [GSu|t of dishonesty, bUrg|ary, theft, fraud or
destruction Ufproperty committed byemployees Ofthe Contractor.
Coverage must apply to all personnel of the Contractor including subsidiaries. Coverage must beprovided for losses sustained
by the Contractor or its clients resulting from fraudulent or dishonest acts committed by employees of the Contractor, acting
alone Or|Ocollusion with others. Said bond O[insurance shall remain iOeffect during the term Ofthis 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 U[applications which can begiven effect without the invalid term, condition U[
application. To this end, the terms and conditions of this Contract are declared severable.
19. Contract Documents
This Contract, the Request for ProposalsNo. 12104P'Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with Yakima City documents) constitute the ContractDocuments and are complementary.
Specific Federal and State laws and the terms Ofthis Contract, inthat 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 0nfile inthe Office Ofthe Purchasing Manager, 128No. 2»:EK..Yakima, WA, S8SO1.and are
hereby incorporated by reference into this Contract.
20. Termination
8. Contract after providing the Contractor with thirty (3U) calendar
days written nuUoo of the Contractor's right to cure o failure of the Contractor to perform under the terms of this
The Contractor may terminate the Contract after providing the City ninety (90) calendar days' notice of theCity's right
to cure 8failure 0fthe City toperform under the terms ofthe Contract.
Upon the termination ofthe Contract for any reason, o[upon Contract expiration, each party shall bereleased from
all obligations to the other party arising after the date of termination or expiration, except for those that by their terms
survive such termination orexpiration
b. Termination for Convenience: Either party may terminate the Contract at any time, without cause, by providing a
whUBO OoUC8; the City by providing at least thirty (30) calendar days' notice to the Contractor, and the CoD1[3CtOr
providing at least ninety (90) calendar days' notice to the City in advance of the intended date of termination.
In the event oftermination for convenience, the Contractor shall be entitled to receive numponmek|on for any fees
owed under the Contract. The Contractor shall also becompensated for partially completed services. |Othis event,
uomponn3k|On for such partially completed xom|uoo xhoU be no more than the percentage Of completion of the
services requested, 8t the sole discretion of the City, multiplied by the corresponding payment for completion of such
services as set forth in the Contract. Alternatively, at the SO|8 diSCn9UUn of the Qtv, the Contractor may be
compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid
for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor
requesting the refund.
C. The City reserves the right to cancel the Contract iOwhole U[iOpart without penalty if the
• Breaches ordefaults anobligation undartheContron;
RFP 12104P Armed Security Guard and Other Services - City of Yakima
• Files 8petition in bankruptcy, becomes insolvent, orotherwise takes action bodissolve aoalegal entity;
• Allows any final judgment not to be satisfied or a lien not to be disputed after a legal ly-i mposed, 30-day notice;
* Makes an assignment for the benefit of creditors;
• Fails to follow the sales and use tax certification requirements of the State of Washington
• Incurs 8delinquent Washington tax liability;
• Becomes aState cvFederally debarred Contractor;
�• |Sexcluded from federal procurement and non -procurement Contracts;
• Fails to maintain and keep iOforce all required |n8Un3Ouo' permits and licenses as provided iOthe Contract;
�Fails k}maintain the confidentiality ofthe City information that |Sconsidered 0Jb8Confidential Information,
proprietary, U[containing Personally Identifiable Information, Or
Contractor performance threatens the health or safety of a City, County or municipal employee
Change in Funding: If the funds upon which the City relied to establish this Contract are withdrawn, reduced, or
limited, or if additional or modified conditions are p|8C8d UO such funding, the City may terminate this Contract
by providing at least five business days written notice buthe Contractor. The termination Sh3|| be effective on
the date specified |nthe notice Oftermination.
d. Default bv Cohra ctor., The Contractor may be declared in default and may be terminated immediately by the City
for one mthe following reasons;
• Failure 0fthe Contractor tomaintain satisfactory performance level;
• Failure Ofthe Contractor t0start work within the time stated in the notice to proceed;
• Failure of the Contractor to pay employees for work performed and materials and supplies used under this
cVntn8(��
.
• Failure to maintain mandatory licenses, certificates, insurance or meet mandatory RFP requirements;
• Insolvency of Contractor.
21. Dispute Resolution
|nthe event that any dispute shall arise 8Sh}the interpretation Ufthis agreement, 0rinthe event 0f8notice Ufdefault 8S0D
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. |fthe afore mentioned methods are either not
successful then any dispute relating k)this Agreement shall b8decided inthe courts VfYakima County, iOaccordance with
the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented.
32. Re -Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City,
may re -award the contract to the next most responsible proposer within 120 days from original award.
23.8ubsdtution
The Contractor shall not substitute 0rdeviate from said specifications {f this Contract without 8written agreement amendment,
signed bvthe City Manager, Orpursuant toSection 55below entitled "Change O[NotiC8. Any violation Ufthis procedure by
the Contractor will b8considered cause for immediate cancellation [fthe Contract for cause bythe City.
24. Contractor Shall Furnish '
Except as otherwise specifically provided in this Contract, Contractor Vh8U furnish the following, all as the same may be
required to perform the services described in, Section IV Proposal Requirements in accordance with this Contract: pomVnn8[
labor and supervision; and technical, professional and other services. All such services, property and other items furnished
or required to be furnished, together with all other obligations performed or required to be performed, by Contractor under this
RFP 12104P Armed Security Guard and Other Services - City of Yakima
25. Complementary Provisions
All p0wi9iOOS of this Contract are intended to be Q00p|8montory. and any S8miC8S required by one and not mentioned in
another shall be performed to the memn extent as though required by all, Details of the y8miC8S that are not n8S8SS8ry to
carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part
of the services, without any increase in the compensation otherwise payable under this Contract.
26. |nVnicmm
The City will use its best efforts topay each ufContractor's invoices within thirty 8O days after the City'Sreceipt and verification
thereof; p0viUoU. hOw8v8[' that all such payments are expressly conditioned upon Contractor providing services hereunder
that are satisfactory tVthe City. The City will notify the Contractor promptly if any problems are noted with the invoice. To
insure prompt payment, each invoice should cite purchase order number, RFP numbor, description ofitem pu[nheoSd. unit
and total price, discount term and include the Contractor's name and return remittance address.
In the event either party terminates this agreement early pursuant to Section 20, Contractor shall be compensated on a pro-
ratab8SiSfo[8||uuUGhack)ryS8miC8Sp0vid8dhuthoCityunUerth|mAgmomantUpk)the8fectiv8tSrmin8ti0ndato.
Contractor will mail invoices t0the City 8tthe following address:
City UfYakima Accounts Payable
129NO. 2ndGtn38t
Yakima, WA 98901
87. Credit Card Acceptance
The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The
City'x preferred method of payment is bvprocurement (oredN card. Pmpog8nS may be required to have the capability n[
accepting the Cih/'mauthorizod procurement card as Gm81hnd of payment. No price changes nradditional f88/S> may be
assessed when accepting the procurement card onoform ofpayment.
28. Prime Contractor
Contractor is the Ph08 Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard N all
contractual matters arising hereunder, including the performance of services and the payment ofany and all charges resulting
from its contractual obligations.
29. Delegation ofProfessional 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 S8miCeo. 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 ofperformance ofany ofthe samiooa, with or without the C|ty's prior written consent, 3hoU
relieve Contractor 0fits responsibility to perform the S6mio8S in accordance with this Contract. Contractor shall be fully
responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other
person who performs or furnishes any services (collectively, the "Support").
Contractor shall at all times be an independent contractor and not an agent or [8pn8S8Ot8tiv8 of the City with n8g8nd to
performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the
City. |OOOevent shall Contractor beauthorized k)enter into any agreement 0[undertaking for O[0Obehalf Ofthe City. Neither
the CUOt[3ctD[ nor any employee of the Contractor is 8OUU8d to any benefits that the City provides its e0p|Oy88S. The
Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed, and a separate set of books or records that reflect all items of income and expenses of the business that the Contractor
is conducting.
Contractor shall perform the services in8timely manner and |naccordance with the standards Ofthe profession. /tthe time
of p8hor08OC8' Contractor oho|| be properly licensed, equipped, organized, and financed to perform the mnmiC8S in
accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the
services |naccordance with its own methods.
RFP 12104P Armed Security Guard and Other Services - City of Yakima
30. T��m��w�mm��
Contractor' shall be solely responsible for and 8h8U pay all taxes, doduoUOOu, and GSeo8S08nta' including but not limited to
federal income tax. FICA, GOCio| security tax. 8SSosGm8Ota for unemployment and industrial injury iOSun@nC8, and other
deductions from income which may be required by law or assessed against either party as a result of this Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes
due.
The City and its agencies are exempt from payment Ofall federal excise taxes and, but not sales tax sk8.3%). Tam
will not b8considered |ndetermining which proposal is the lowest O[best, however RCVV39]O.O4Uallows the City bn take any
sales tax andB&O tax that is will receive from purchasing supplies, materials and equipment within its boundariesinto
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. : Examination nfRecords
The Contractor agrees to furnish the City with reasonable periodic reports and documents ashmay request and |nsuch form
as the City requires pertaining k)the work 0[services undertaken pursuant hJthis 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 03the services shall, 8tall times, bosubject boinspection byand with the approval ofthe City, but the
making of (orfailure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance
Ofthe services |naccordance with this Contract, notwithstanding the City's knowledge of defective or non -complying
performance, its substantiality nrthe ease ofits discovery, Contractor shall provide the City sufficient, safe, and proper facilities
and equipment for such inspection and free access 03such facilities.
33. Record Keeping and Record Retention
The Contractor shall establish and maintain adequate records ofall expenditures incurred under the contract. All records must
be kept in accordance with generally accepted 8CC0und|ng pmn9dU[8S. All procedures must be in accordance with federal,
state and local ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records 0rdocuments relating to any
contract resulting from this proposal held bvthe Contractor. The Contractor will retain all documents applicable hJthe 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 O[Personally Identifiable Information of City for any purpose other than the
limited purposes set forth in this Contract, and all related and n8C8SSory actions taken in fulfillment Ofthe obligations there
under. Contractor shall hold all Confidential Information |nconfidence, and shall not disclose such Confidential Information to
any persons other than those directors, officers, employees, and agents ("Representatives") who have a business -related need
to have 8cC8SS to such Confidential |nhJr08Uun in furtherance of the limited pUrpOS8o of this Contract and who have been
apprised of, and agree to maintain, the confidential nature of such information in accordance with the terms of this Contract.
Contractor shall institute and maintain such security procedures asare commercially reasonable tomaintain the confidentiality
ofthe Confidential Information while |nits possessionorcontrol including transportation, whether physically Orelectronically.
Contractor shall eOnUn3 that all indications 0fconfidentiality contained On or included in any d30 Of Confidential |nfoOn8U0n
oh8|| be [gp0dUC8d by Contractor on any n3p0dVCUOO' modification, or translation of such Confidential Information. If
[8qu8S1Gd by the City in w[itiOg. Contractor shall make 8 n88SOO8b|e effort to add 8 pn}p[|8t8[y notice or indication of
confidentiality k)any tangible materials within its possession that contain Confidential Information Vfthe City, as directed.
Contractor shall maintain all Confidential Information as COnfiUenU8| for 8 period of three (3) years from the date of termination
of this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Cunfid8OUG| |nh]nm3Uon in cOOnooUUO with o judicial or administrative proceeding hothe extent such
disclosure iurequired under law or3court order, provided that the City shall begiven prompt written notice Ofsuch proceeding
if giving such notice is legally permissible.
RFP12104P Armed Security Guard and Other Services ' City of Yakima
35. Price Increases
Ifrequested bvthe Contractor iOwriting thirty /30days before the anniversary date Ufeach year Ufthe contract, the City will
consider increasing the Contractor's rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban Wage Earners
and Clerical Workers /CP|'YV\for the previous twelve months. The City, |nits sole discretion, will decide whether tOapprove
Ordeny the rate increase request O[any part thereof within 3Odays ofreceipt ofthe request, |fapproved, increase shall take
effect 3Odays after approval.
Price increases for any other justifiable reason will be considered on a case -by -case basis. Price increase requests will not be
C0OSid8nud or granted until any outstanding required fiO8OCi8| reports have been submitted to the City. NO profit margin
adjustment will 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
Qty'S COOt0| are interfering with nVnna| progress of the Service. The Contractor may SUSp9Od, in writing by via 808i| or
certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are
interfering with normal progress ofthe Service. The Contractor may suspend Service VOthe Project iOth88VeO1thRCitvdO8S
not pay invoices when due, except where otherwise provided bythis Agreement. The time for completion Ofthe Service shall
beextended bythe number ofdays the Service iasuspended. |fthe period ofsuspension exceeds ninety /8O\days, the terms
of this Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service On the
suspended portion [fProject in8CCord8nC8withG8StiOn2O.T8rmin8tiOn.
37. Provision ofServices
The Contractor shall provide the services set forth herein with all due skill, care, and diligence,in8CCOr8nCSwith accepted
industry practices, standards and legal mquimmnnto, and to the Cdv'o satisfaction; the City decision |nthat regard shall be
final and SUmduuKm. 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 unmiuen at reasonable
times, without notice, atany other premises. '
G. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the
Contract requirements for any reason, other than as a result of the City's default or negligence, the Contractor shall,
at its own expense, reschedule and perform the services correctly within such reasonable time as the City specifies.
This remedy shall be in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be SO|8|y responsible for controlling the manner and 088OS by which it and its Contracted
Personnel or its SUbcVntn8ctDnG perform the S8rviC8S. and the Contractor shall ObS8m8, abide by. and podbRD all
nfits obligations |naccordance with all |e08| requirements and City work rules.
38. Assignment
This Contract, many interest herein, orclaim hereunder, shall not beassigned mtransferred|nwholeor|nport by Contractor
t0any other person Orentity without the prior written consent Ofthe City, |nthe event that such prior written consent 0uam
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 d0 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
i1will not hire anyone O[any entity having such 8conflict Ofinterest during the performance Ofthis Contract.
40. Contract Preservation
If any provision of the Agreement, or the application of such pmvision, shall be rendered or declared invalid by 8 court of
CO0oateOt juriud|oi|on, or by naoSon of its requiring any steps, 8nbon8 or results, the remaining parts or portions of this
Agreement shall remain infull force and effect,
|fany provision ofthis Agreement |sindirect conflict with any statutory provision ofthe State ofWashington, that provision
which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and Sh8U be deemed modified to
conform tOsuch statutory provision
RFP 12104P Armed Security Guard and Other Services - City of Yakima
41. Promotional Advertising / 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 e-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
51. Force Majeure
Neither party shall beindefault by reason ofany failure in performance of this Agreement in accordance with reasonable
control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts DfGod Orthe
public enemy, acts of the government in either its sovereign or contractual capacity fire, floods, strikes, epidemics/pandemics
and quarantine mSthnUOnS, war, riot, delay in t[8OSpUd8kiUO or railcar transport shortages, freight embargoes and unusually
severe weather, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the
event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
52. Governing Law
This Contract shall b8governed bvand construed |naccordance with the laws Ofthe State ofWashington.
53. Venue
The venue for any judicial 8CUUO VD enforce or interpret this Contract shall lie in a court Ofcompetent 'VhodicUOO 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 hoexecute 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; OUchanges without
such signed dnnumentationuUoUUnva|id. No alterations outside of the general scope and intent of the original Request for
Proposals orinexcess ufallowable and accepted price changes shall Uemade.
|nnoevent shall the Contractor b8paid Orb8entitled k)payment for services that are not authorized herein 0rany properly
executed amendment.
Notice of Business Chanqes: Contractor shall notify the City inwriting within three C8business days Vfany change |n
ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City |n
writing oSsoon as possible, and in no event later than three (3) business days, after any decision by the Contractor to
change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a
change in g0YS0iOg law U[ policy that, in the SO|G discretion of the City, either substantially and uOFS8SUO8b|y enlarges the
Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible,
patently UnnS8SOn8b|8' or unnecessary. Notices and d8D08ndS under and related to this Contract shall be in writing and sent
hnthe parties nktheir addresses aofollows:
TO CITY:
Susan Knotto, 8uyurU
Purchasing Contract Administrator
City OfYakima
129North 2ndstreet
Yakima, WA 90901
TO CONTRACTOR:
Sheila Leslie
President
PPCSolubonu. Inc.
,,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
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY IMA
City Manager
Date: t 1.; t(1.
Atteti
City Clerk
STATE OF
)ss.
COUNTY OF
CITY CONTRACT NO:
RESOLUTION NO*
PPC SOLUTIONS INC.
By:
Date: April 26, 2021
Sheila Leslie
4, A
N 4
I A Ai
't)
# 'e
,14
RFP 12104P Armed Security Guard and Other Services - City of Yakima
^
City mfYakima
NOTICE TO PROPOSERS
RFPNO' 12104P
Notice is hereby given by the undersigned that electronic sealed Requests for
Proposals will be accepted via PublicPurchase.com until the hour of 11:00:oo AM
PST on April 16, 2021. RFPsxviU be publicly opened in Yakima City Hall, Council
Chambers, 129 N. 2nd Street Yakima, Washington 98901. At such time,
Proposers names will be publicly read for: Armed Security Guard and Other
Services.
Due to the COVID-19 pamdernicand the Governor's order against public
gatherings, our public bid openings will now be conducted via live stream
through our City of Yakima YPA[ Division. The link to view the public bid
opening remotely is as follows:
streanm/.
-
A pre -proposal site visit of the Richard A. Zab' Jr. Law and Justice [enter or
Seasons Performance Hall may be requested byappointment only. of
PPE and social distancing will benmanclatpryduring any site visit.
Instructions to register with PubUoPurchase.com are available at
The City of Yakima reserves the right to reject any & all RFPs. The City hereby
notifies all Proposers that it will affirmatively ensure compliance with WA State
iavv Against Discrimination (R[VV chapter 49.60) & the Americans with
Disabilities Act (42US[121U1etnet.)
Dated March 19,2UZ1. Publish onMarch 19&2O 3021
Susan Knotts,CPPO,CPP8
Buyer ||
12104p Armed Security Guard Services Page 1 of 43
CITY OFYAKIMA REQUEST FOR PROPOSAL #12104P
SIGNATURE SHEET
THIS /3NOTA0ORDER
Proposal Receipt: Proposers must first register with Pub|icPurohomn.onm and Proposal shall be completely uploaded into
Pub|icPurchose.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 documenta, as this may take some time. Late Proposals will not be accepted or evaluated. If you try to
submit Proposal |ate, the electronic system will not receive it. Proposal openings are public. Proposals oho|| befirm for
acceptance for ninety (90) days from date of Proposal opening, unless otherwise noted.
&KFP'wARE ONLY RECEIVED THROUGH P088LDCPURCHASE.COM
Purchasing For:
City ofYakima
1290.2nd Street
Yakima, WA 98908
Buyer mcharge of this procurement (Contact for further mformation
Susan Knotte.CPIP0.CPPB
Buyer||
Proposals Must ** completely uploaded by: Public Opening
E-Mail Address
PROJECT DESCRIPTION SUMMARY
Armed Security Guard and Other Services
Enter Prompt Payment Discount:days
We/I can start service within days after receipt of Notice of
F� Check ifyou are aVVMBEorDBE Vendor and list certification Number:
F�|hereby acknowledge receiving mddmmdum(a) , . ^ . .(use as many spaces as addenda received)
In signing this Proposal woalso certify that wmhave not, either directly or indirectly, entered into any agreement or participated in any collusionor otherwise
taken any action inrestraint of free competition; that nnattempt has been made hninduce any other person orfirm tosubmit mnot tosubmit uProposal; that
this Proposal has been independently arrived a(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 iuaccurate under penalty ofperjury.
Furthermore, the Washington State |ntodmua| Cooperative Act (RCVU 39.34) provides that other governmental agencies may purchase Qmmdo 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
pany Address
Name of Authorized Company Representative (Type or Print)
Signature of Above
Email Address
12104p Armed Security Guard Services Page 2 of 43
TABLE OF CONTENTS
1. DEFINITIONS 5
The following definitions ofterms shall apply, unless otherwise indicated: _.__~__~,,,-____....~~'~~^..~'~5
Q. GENERAL INFORMATION 6
1. Introduction , ..........
3. Scope and Objectives
3. Background and Current Operations ................................
__-"r.�,_��_�'.��__,_~_~'____-_,__^_"--.�
4. Contracting Agency and Point ofContact ~^`^,~__~~,.___.~-~,.^_=-°~.18
5. Provisions ofServices ....^~~=.~''"..^'.__^__.~__.__'^.,°~=-8
G. Contractor Compliance and Responsibility for Aciona,__....... ..48
7. Public Records Access ^^^.,.._..°^~..~`~~"_~_°..=.°'^°°.-._.~^~_~~.~!9
8. Proprietary Information
9, Requests for Public Disclosure _~____°_�._,=_,=___,
10. Retention ofRights ......
11. Clarifications and/or Revisions toSpecification and Requirements ._,~._9
12. News Releases ................................ ---- ....... ~_..._._".-`.^~.~"-°...... __~...... 10
13. Proposer Conference and Site Vioit.,.... .�_�_-.�,__=��_����........
14. Examining Documents & Facilities ..... _.._.,........ _,°°~...... _,___~_._,._~.°,10
15. Calendar of Events .-°-........... ~^_~._~1Q
16. Contract Term ................................. ____�_.°'_'-11�
l/. Incurring Costs .......
18. NoObligation toContract __......
18. Women & Minority Business Enterprises and Disadvantaged Business Enterprises .... _~=_,~_°_,11
20. Best Modern Practices
21. More orLess
22. Other City Items Added
23. Payment Terms and Invoicing
Ill. PREPARING AND SUBMITTING A PROPOSAL 12
1. General Instructions ............................................................. ~~_°~~....... ^~.,_°~___...~.~.^~^~-_.12
2. Submitting aProposal ....... ,........... 12
3. Multiple Proposals -,_. ...... ~.12
4. VVithdrmvvo| of Proposals �.......^_,�_^.�~.�____._.12
S. Organization and Format ofRequired Proposal E|ements._=,.... °_~_......... _,_____~.^'12
G. Deviations and Exceptions "",r,...^`°.x,.°,°....... -^..~.~,_~_^^.~.^_^^~_14
7. Prohibition ofProposer Terms &Conditions �-,,'_^t4
IV. PROPOSAL REQUIREMENTS 14
1. Mandatory Proposer Qualifications ~ ,`_~_..__........ ��~��_`_-14
2. Mandatory Contract Performance Requirements ................ .~.°,,...... °�~=_,_^................ ~__...__~,1G
1%1O4pArmed Security Guard Services Page 3of43
4. References
5. Questionnaire
V. COST PROPOSAL 19
1. General Instructions for Preparing Cost prupoaals___...... ...... .^.^~~~~,18
2. Total Project Coot ".-^ -.,*^".'"..s~_�°.-~~._^^^--_.~~°^_"19
3. Pricing and Discount ^ _2O
4. Pricing Clarification '-_..-`_.-_,20
5. Prompt Payment ~~2O
VI. EVALUATION AND CONTRACT AWARD 20
1. Preliminary Evaluation ...^.,~ ~~..~.~._.--..^.~~"'_^~.~.~.~-^~20
2. Proposer Presentations/Scoring ....................................... `____*���_,��__�__^�__,_.2O
3. Evaluation Criteria ....31
4. RFPEvo|ucdion ..........^°.21
5. Award / Best and Final Offers x .~21
G. Tied Score -,^. `,~_~^-__~`»_".�~=,° ~--~.~_..21
7. Offer in Effect for Ninety (QO)Days 'n�'re_._y�_�..........
8. Notification ofIntent boNegotiate/intent bzAward ................ ,__�___'~=,33
Q. Right hoReject Proposals and Negotiate Contract Temns~_.--_"~°-__.°.~~°--~_^_="~^~..v~_~°2�
iU. Protest Procedure --
Vi|. COST PROPOSAL FORM 23
ViU. PROPOSER QUESTIONNAIRE 26
|X PROPOSER REFERENCES 30
X. SAMPLE CONTRACT 31
12104p Armed Security Guard Services Page 4 of 43
The following definitions m0terms shall apply, unless otherwise indicated:
"Buyer" means the contact person listed onpage 2of this document.
^City'means the City ofYakima, 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.
means the City of Yakima, Department/Division. '
"Executive"means the City ofYakima City Manager.
"Project Manager" means the individual in City of Yakima Departments/Divisions and/or on assigned
individual from the Contractor responsible for administering day-to-day operational matters mfthe Contract.
"Proposal" means the complete response of 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.
^SOWFmeans Statement ofWork.
"Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the
requirements and performance obligations ofthe Contract.
12104p Armed Security Guard Services Page 5 of 43
RFP#12104P
Armed Security Guard and Other Services
Ti
1' Introduction
The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable
them to prepare and submit o proposal for Armed Security Guard Services. The City of Yakima (referred to
as "City" throughout this document), Yakima Police Department along with the Yakima Municipal Courts and
City 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 [enter: Yakima Police Department Municipal Court, Legal
Department, and at the current location for the Community Diversion Program at the Seasons Performance
Hall. Security guards will operate the security screening post when entering the Lovv and Justice Center's
front lobby area and control pedestrian access when reporting to the Community Diversion Program
currently located atthe Season's Performance Hall. The screening post's equipment may include; an x-ray
machine, o magnetometer, and a hand-held metal detector. Additionally, screening staff will provide
physical ~hand checks" of purses, briefcases, and
other containers. All individuals entering the Facilities
must pass through the security screening post.
Additional services included in this solicitation are; as -needed, prisoner watch for the Yakima Police
Department, event security, unlock/lockup services of facilities at City owned park, and dedicated site
patrol.
3' Background and Current Operations
ABOUT THE CITY
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central
Washington State. It encompasses 28.7 square nni|as in an area of rich volcanic soil. The City is 145 miles
southeast of Seattle, and 200 miles southwest of Spokane, Washington. The region is served by rail, highway
and air transportation facilities, which have helped develop the City as the mnnnmemia| and business center
of Central Washington. With o 2016 population of93'9Q6 Yakima is the ninth largest city in the State of
Washington.
The City provides the full range of municipal services contemplated bycharter orstatute. These include
public safety (police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste
disposal, sanitary wastewater utility), water and irrigation utilities, transit, community development, parks
and recreation, an airport with an air terminal, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears,
grapes, and other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the
top agricultural producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within
the County which produce over thirty types of fruits and vegetables. With its farm production base, the
Yakima area isomajor 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.
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BACKGROUND
The Dick Zab Law and Justice [enter located at 200 South Third Street, houses the Yakima Police
Department, including the City Jail, Yakima Municipal Courts and the City Legal Department. This building
has one public entrance located on the east side of the building. It houses approximately 200 employees
and holds court 3times aday, with up1o5Oparticipants each session four days aweek. This building isalso
where the public comes to report a crime, inquire about a current investigation, and to pay any tickets, fines
orcourt fees.
The Seasons Performance Hall at 101 N. Neches Ave Yakima, WA 98901, currently hosts the Legal
Department Community Diversion Program. The City of Yakima is responsible for the facility during the
Community Diversion Team Meetings. The Seasons Performance Hall holds approximatek/1SO people and
has two public entrances and exits, one which will be locked while the Community Diversion Team Meetings
are insession, leaving the main entrance and exit open for participants.
The Yakima Police Department, on occasion, requires armed prisoner watch services when an inmate needs
medical care beyond what the City jail can provide.
The City ofYakima Parks and Recreation Division has thirty four (34) parks throughout the City, ranging in
location from the Yakinno'sWest Valley area 10 East Yakima. The City perks contain: a nature trail and duck
pond; outdoor pool and water playground; baseball and soccer fields; tennis; pickle -ball; basketball; and
volleyball courts; skate park; horseshoe pits; play equipment; gazebo; picnic shelters and tables; a
concession stand, and restroom facilities which are open to the public from DAWN to DUSK (during summer
approximately 6:ODAM to 10:00 PM).
CURRENT OPERATIONS
At the Low 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 esthey enter the facility. One security guard monitors all pedestrians who are physically able to
pass through the metal detector and/or uses the hand-held metal detector. This security guard may also do
o physical check, if needed, while the other security guard does a physical hand check of all purses,
briefcases, and other containers and items. A1the end ofthe day, after the building isclosed tothe public,
the security guards do another sweep ofall the courtrooms and bathrooms for any pedestrians that might
still beinthe building oritems 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 onthe Z"u and4m
Tuesday of the month from 8B0 AM to 10:30 AM at the Season's Performance Hall. One (1) uniformed
security officer is needed to provide access control at the main entrance and monitor guest waiting for their
appointment to ensure the safety of staff and public; enforce City rules; deter disruptive behavior,
vandalism of the facility or other issues that may negatively impact Community Diversion services; and
submit any incident report, ifwarranted, after each shift. This location may change inthe future.
The City ofYakima Police Department also uses prisoner watch from time to time. This service is rarely
needed and is only needed on a |ouo| basis, within the Yakima County, when a prisoner requires medical
care within a local medical facility for two ormore days.
On a seasonal basis, the City of Yakima Parks & Recreation division uses unarmed uniformed security officers
for |ock/un|ouksen/ices at up to eleven (11) different City perks. These parks range in location from 1323 S.
801hAvenue in Yakima'sWest 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 dose at night, ensuring res1roonm facilities are vacant before properly securing any and all
entrances to the nes1voom facilities; while deterring any loitering, trespassing and other vagrancy; and
officers unlocking and opening the restroomfacilities when the park opens. During opening and closing of
12104p Armed Security Guard Services Page 7 of 43
the parks' res roomn facilities, officers detect and deter any criminal octivity, and document any graffiti,
vandalism and/or damages(s) by preparing a complete incident report, including photographs.
The City of Yakima Parks and Recreation Division, during a normal summer, also uses event security services,
consisting ofone totwo officers for their Summer Concert Series. The Summer Concert Series consists of
approximately nine (9)live music concerts. These concerts are typically held atFranklin Park ot21D1Tieton
Dr, Miller Park at SO2 N. 4mAve, and MLK]r. at South Dm Street and Beech, on Fridays from approximately
6:OOPK81o9:0UPM, and Saturdays and Sundays from approximately 2:30PK0toA:30PM.
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 ufrelease 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 bemade 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 ofthe Proposer.
5. Provisions ofServices
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance
with accepted industry practices, standards and |eQo| requirements, and to the [ity's satisfaction; the [iu/s
decision in that regard shall be final and conclusive. The City may inspect, observe and examine the
performance ofthe services performed onthe City premises atany 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 vvmy 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 asthe City specifies. This remedy shall be in addition to any other remedies
available tothe City bylaw orinequity.
The Contractor agrees to abide by and shall be solely responsible for controlling the manner and means by
which it and its Contracted Personnel perform the services, and the Contractor shall observe, abide by, and
perform all ofits obligations in accordance with all legal requirements, rules and regulations as prescribed
herein and as prescribed by the City an 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
ofthe City.
The Contractor shall:
o. Perform those tasks and deliver the services identified in this RFP and its response thereto.
b. Comply with all security and safety regulations in effect.
c. Assign, as needed, qualified personnel, agents orrepresentatives toassist infulfilling its performance
under the Contract.
12104p Armed Security Guard Services Page 8 of 43
d. Appoint Project Manager (the "Project Wlanuger")for liaison and consultation with the City. The
Project Manager nhoU have authority to make managerial and technical decisions concerning the
services deliverable under the Contract.
e. Correct any errors inthe services found bythe City orthe Contractor.
f. Perform work assignments at alternate locations as the need arises. These situations may include, but
are not limited to, a pandemic, natural disaster or closings of City buildings. Under such
circumstances, the City shall be required to promptly contact the Contracted Personnel involved and
provide the detail of the communication and instructions in a timely manner.
7' Public Records Access
It is the intention of the City to maintain an open and public process in the solicitation, submission, review,
and approval ofprocurement activities. Proposal openings are public.
8. Proprietary Information
Any consideration of proprietary information is the responsibility of the Proposer to object to through the
courts following third party notice, not the City.
All information submitted in response to o request for public disclosure will be handled in accordance with
applicable City procurement regulations and the Washington State Public Records Act (RCVV42.S6etseq.).
It is the Proposer's responsibility to defend the determination in the event of an appeal or litigation.
Unless otherwise noted, data contained in proposal, all documentation provided therein, and innovations
developed as a result of the contracted commodities or services cannot be copyrighted or patented. All
data, documentation, and innovations become the property ofthe City.
9. Requests for Public Disclosure
Washington State Public Disclosure 4c (RCVV 42.56 et seq.) requires public agencies in Washington to
promptly make public records available for inspection and copying unless they fall within the specified
exemptions contained inthe Act, nrare otherwise privileged. All documents submitted relation tothese
Specification shall be considered public records and, with limited exceptions, will be made available for
inspection and copying by the public. It is the intent of the City to pout all RFP responses online and
available tnthe public after the contract issigned,
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject
such submittal. If, in the Cit/s opinion, the material is subject 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 on|e|y by the
Proposer, including any damages, attornev'sfees or costs awarded by reason of having opposed disclosure
and Proposer shall indemnify City against same. If the Proposer fails or neglects to take such action within
said period, the [by 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 tosuch procedure.
1lRetention mf Right
The City retains the right tnaccept orreject any orall proposals ifdeemed tmbeinits 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
12104p Armed Security Guard Services Page 9 of 43
request modification nrclarification ofthe RFP Specifications.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or
additions concerning the subject matter of the RFP document(s) shall not be considered unless submitted
via e-mail (no phone calls) to the Buyer listed on page Z' a minimum of five business (S) days prior to the
submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFP, supplements or revisions will be provided to all known Proposers in the form of on
Addendum. All Addenda are posted on ing and
ob ��mnand/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 aproposal.
12. News Releases
News releases pertaining tothis RFP ortothe acceptance, nejection,oreva|uation of Proposals shall not be
made without the prior written approval ofthe Buyer listed onpage 2.
13' Proposer Conference and Site Visit
A pre -proposal site visit of the Richard A. Zais, Jr. Law and Justice Center, 200 South Third Street, or Seasons
Performance Hall, 101 N. NaohesAve, maybe requested between March 19,2021and April 8, 2021. To
schedule anappointment, please contact Susan Knot±satSO9'57S-6O9S.
Due tothe COV|D'19 pandemic and to ensure the safety ufour employees and contractors, all site visits
shall beconducted asfollows:
• Each Contractor is required to maintain at least six (6) feet of separation from City stuff as well as all
other personnel and Contractors present. '
• Every person at the site visit is required towear aface musk. 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 inthe site visit.
14.ExamUnirg Dmcuments& Facilities
The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and
examined all facilities and all relevant documents and acknowledged all requirements contained herein
before proposing.
16. Calendar ofEvents
Listed below are important dates and times by which actions related 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 tothis RFP.
DATE EVENT
March 19, 2021 RFP Issuance
-------------
March 19 — April 8, 2021 Pre -Proposal Site Visit - BY APPOINTMENT ONLY
See Section 13 above to schedule an appointment
I April 9, 2021 1 Due date for written questions
UApril I% 2021 iAddenda -Written answers provided (harget)
12104p Armed Security Guard Services Page10of43
The schedule of events after the Proposal due date will be handled as expeditiously as possible,butthereis
not set schedule. An Evaluation Committee will beformed twevaluate proposals and may choose to
interview/ Proposers and/or make site visits. Every effort will be made to notify short-listed proposers of
important post -opening dates.
26. Contract Term
See Section 3ofContract.
17. Incurring Costs
The City is not liable for any cost incurred by Proposer in the process ofresponding tothis RFP including
but not limited to the cost of preparing and submitting a response, in the conduct of presentation, in
facilitating site visits or any other activities related to responding to this RFP.
18.Ko Obligation tmContract
This RFP does not obligate the City to contract for service(s), mrproduct(s) specified herein. The City
reserves the right to cancel or reissue this RFP in whole or in part, for any reason prior tothe issuance of
Notice ofIntent toAward. The City does not guarantee to purchase any specific quantity or dollar amount.
Proposals that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified
19. Women & Minority Business Enterprises and Disadvantaged Business Enterprises
Per Resolution No. D-4816, it is the policy of the City of Yakima that women and minority business
enterprises shall have the maximum opportunity to participate in the performance of work relating to the
[ity's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance
with state and federal rules and regulations to ensure women and minority business enterprises the
maximum opportunity to compete for and 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 bemade inthese specifications.
21. More or Ley
Services and quantities, referring tothe number ofsecurity 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
bebound mrlimited tothe services and quantities listed. The City reserves the right tnincrease ordecrease
quantities and services to meet actual needs. Payment will be mode only for the services and in the
quantities actually requested/ordered, performed/delivered, and accepted, whether greater or less than the
stated amounts.
22. Other CityDepartments/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 beadded otthe request ofthe
Purchasing Manager.
23. Payment Terms and Invoicing
The City normally will pay properly submitted Contractor invoices within thirty (30) days of receipt,
providing goods and/or services have been delivered, installed (if required), and accepted as specified.
Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City will
seek reimbursement of the overpayment or will withhold such overpayment from future invoices.
12104p Armed Security Guard Services Pagellof43
Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal tothe correct address for
processing.
Agood faith dispute creates anexception tnprompt payment.
411
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)whena requested. Failure to respond to
each of the requirements inthe RFPmay bethe basis for rejecting aProposal,
2. Submitting ePrmposa|
Proposals shall be completely uploaded into Public Puruhase.onmn no later than the dote and time listed on
Page Z of this RFP. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late'
the electronic system will not receive it.
If City Hall is dosed for business at the time scheduled for opening, for whatever reasons, Proposer'x
response will be opened on the next business day of the City, at the originally scheduled hour.
Proposers must submit their response electronically through PublicPurchase.com where they will be kept in
an electronic |ockbmx until date and time of opening. To register as a Vendor/Proposer with Public
Purchase go to or to the City of Yakima xvabsite at
Purchasimg. 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 ofany proposals. The Purchasing Manager reserves the right to make exceptions for extenuating
circumstances.
Any sections deemed by proposer to be confidential per Washington State Public Disclosure Act (RCW 42.56
etxeq.)shall heseparated 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 toPublic Purchase.
3. Multiple Proposals
Multiple Proposals from o Proposer will be permissible; however, each Proposal must conform fully tnthe
requirements for proposal submission. Each such Proposal must be submitted separately and labeled as
Proposal #1, Proposal #2, etc. on the first page of their response.
4. Withdrawal mfProposals
Proposers may withdraw or supplement a proposal at any time up to the proposal closing date and time. If
a previously submitted proposal is withdrawn before the proposal due date and time, the Proposer may
submit another proposal a1any time uptothe proposal closing date and time. After proposal closing date
and time, all submitted Proposals shall be irrevocable until contract award.
S. Organization and Format mfRequired Proposal Elements
12104p Armed Security Guard Services Page12of43
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 pfContents
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 bewritten onthe Propooer'sofficia| business stationery and signed by an
official authorized 10legally bind the Proposer. Include inthe letter:
1) Name and title ofProposer representative;
2) Name, physical and mailing address ofcompany;
3) Telephone number, fax number, and email address;
4) RFP number and title;
S) Astatement that the Proposer believes its Proposal meets all the requirements set forth in the
RFP;
G) A statement acknowledging the Proposal conforms to all procurement rules and procedures
articulated in this RFP, all rights terms and conditions specified in this RFP;
7) A statement that the individual signing the Proposal is authorized to make decisions as to the
prices quoted and that she/he has not participated and will not participate inany action contrary
tothe RFP,
g) A statement that the Proposer will be making a number of representations outside of its formal
Proposal document in possibly, discussions, presentations, negotiations, demonstrations, sales or
reference material and other information -providing interactions and as such hereby warrants that
the City can rely on these as inducements into any subsequent contract, and be made a part
thereof;
Tab 4'Response to Mandatory Requirements
Provide a point -by -point response to each requirement specified in Section |\( No's 1 & 2 of this RFP.
Responses that fail to meet the mandatory requirements shall be deemed non -responsive
TabS- Response tnGeneral Requirements
Provide a point -by -point response to each requirement specified in Section |\( 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-bv-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 ifthe change isinthe best interest of the City.
Tab 7—Required Forms
Include here the completed forms required in the RFP if not required under another Tab. Failure to
complete and/or provide any required forms may result in disqualification ofproposal, including, but not
limited to:
� Cover Sheet — Required /nTab #2
* Questionnaire —Required here /nTab #7
� Cost Proposal — Required /nTab #8
w Financial Review or Compilation Report by a CPA firm, which is not to be older than one (1) year.
Sample Contract — Required /nTab #6
12104pArmed Security Guard Services Pagel3mf43
Tab 8-Cost Proposal mmidentified inSection V.
Provide all cost information according to the instructions provided. Include all costs for furnishing the
product(y) and/orservice(y) included in this proposal. Identify all assumptions. Failure to provide any
requested information in the prescribed format may result in disqualification of the Proposal. |fservice is
not provided please state so. Also include on a separate under this tab a. list of all Services
and theprice for h service.
6. Deviations and Exceptions
Deviations and exceptions from original text, terms, conditions, orspecifications shall bedescribed 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 beheld liable.
7' Prohibition of Proposer Terms & Conditions
A Proposer may not submit the Proposer'soxvn contract terms and conditions in o response hothis RFP. If
a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal
to be nonresponsive counteroffer, and the proposal may be rejected.
�
|nselecting aSecurity Guard Service company, studied consideration will begiven tothe contents of
Proposals. Proposers should describe in great detail how they propose to meet the requirements attached
herein. The qualifications as set forth herein are designed toestablish experience criteria with which the
Proposer demonstrates their capability toprovide Armed and UnarmadSecurity Guard Services tothe City.
All proposal submissions are based upon on understanding and commitment tothe goals and objectives
below. Further, the decision of the City and the staff as to the acceptable qualifications of the Proposer shall
befinal and binding without any right mfappeal.
The following requirements in Sections |V. 1 & 2 are rnmndm%mry and the Proposer must satisfy them at no
additional cost tothe City. Responses to each requirement must indicate that the Proposer either "does
comnp|y"with the requirement or"does not comp|y" explanation ithany
followingof the irements will result in Proposal rejection and 'removal from further consideration.
|fProposer feels the Mandatory Proposal Requirements are proprietary, contact the Buyer listed on the
Signature Sheet todetermine ifrequirements should bechanged.
1' Mandatory Proposer Qualifications
a. Proposer must have at least three (3) years of experience with current or recent verifiable
contractual experience, which required armed security guard services orsimilar security screening
b. Security officers must have at least one (oyear of verifiable experience insecurity screening and
related equipment operations within a court or similar security screening environment.
m. Contractor must have a Washington State Armed Security Guard License and supply proof of licensing
and renewals.
d' Contractor must supply proof of bonding and all renews for itself and its employees.
e' Security Guards must have a Washington State Security Guard Certification. Security Guards
providing armed services must have a Washington State Armed Security Guard Certification. All
Security Guards, armed and unarmed, must provide proof when asked. Contractor must provide
12104p Armed Security Guard Services Page14of43
t Security officers providing armed services must be able to lawfully possess afireonm in Washington
State with a current firearm certificate and have at least two (2) years current and verifiable firearm
training and handling experience. Contractor must supply proof of firearm certificate and
training/qualifications, permits, and certifications with their proposal and provide proof ofrenewals.
g. All armed guards must participate incontinuing firearm education.
h. All guards must investigate and report all incidents involving the use or threat of use of firearms.
'
L 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 metal detector or on/off
switch and for other visual recognition purposes.
L Security Guards must have adequate reading skills in English, being able to read labels, identification
badges, credentials and etc.
nm. Security Guards must have the ability to communicate effectively, verbally and in writing, in English.
m. Security Guards preferred bilingual, with reading and writing inSpanish.
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,
atcontractor's expense, with proof supplied tothe City.
q' Security Guards must beable 10lift fifteen (1S)pounds.
r' Security Guards must be able to open latches, zippers, screw caps, and be able to feel
contents ofobag.
s. Security Guards must be able to demonstrate ability to operate equipment in a safe and proper
manner prior tobeing assigned tothe Court.
it. Security Guards must beable tomove quickly ifnecessary.
w' Security Guards must be able to stay on their feet for the majority of the shift.
v' Security Guards must have the ability to positively interact with the public.
m/. L/niforn,ox. 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 he
distinctly different from those worn byYakima Police Officers.
o. Employees shall wear an identification tag or bar pin displaying his/her name, at all times. This tag or
bar pin shall beprovided and paid for bythe 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 besecured inaLevel III holster.
o' The Contractor will supply their own hand-held radios tosecurity officers for communication
as required, toadequately perform their duties.
aa. Background Checks: Personnel must undergo a S'yearurimnina| history background check, initiated
and paid for byContractor. Initial background checks must be performed within thirty (3U)days of
award of contract and reports given to the City Representative at that time. Checks on any new
12104p Armed Security Guard Services Page15of43
employees hired during the term ofthis contract must beperformed immediately and reports given
tothe City Representative assoon oxthey are available.
i Security guard must not have been convicted of any crimes against any vulnerable
population in any degree in the preceding ten (lD) year period. Convictions prior to this
period will bereviewed onacase bycase basis.
ii Security guard must not have been convicted of the crime of larceny or theft in any degree
inthe preceding five (S)year period.
iii No Proposer will be awarded or remain as the Contractor for Armed Security Guard and Other
Service who have been convicted ofany 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 beclear ofany domestic violence, sexual ordrug related
convictions. Contractor and security guards shall befree from any pending felony actions or
convictions.
u Contractor shall maintain a drug free workplace and have in effect e drug and aknhm| po|icy.
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 toprovide all deliverables identified inthis section.
a. Security Guards must understand that they are representing the City of Yakima while at their post
and onduty and, aosuch;
i. Conduct themselves in a courteous and professional manner while performing their duties.
ii. Are responsible for acting in accordance with [ity's security guidelines and operating
procedures set forth bythe City while onthe 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 toperform the duties assigned.
i. General
Upon award of contract, selected Proposer must provide written post orders within
five (S)working days tmthe Court Administrator and building Manager ofthe Law and
Justice Center for approval. Post orders must provide detailed instructions to
assigned security officers and on -site supervisor ostotheir duties, responsibilities and
hours tobeworked.
Contractor must provide back-up and break support and coordinate with the Court
Administrator toensure proper coverage ismaintained.
Replacement personnel must be provided by Contractor to cover vacations and sick
days. There must be no less than two individuals on duty at all times during the Court's
normal business hours.
12104p Armed Security Guard Services Page16of43
*° Submit any incident reports including photographs, it warranted, after each shift.
ii Law and Justice Center
Assigned security officers will unlock/lock appropriate doors at 8 a.m. and 5 p.m.
Contractor must provide two uniformed, armed security officers to staff the security
screening station in the front lobby area. Security guards are to screen all pedestrians
as they enter the facility. Security guards are to monitor all pedestrians who are
physically able to pass through the metal detector, uses a hand-held metal detector or
do a physical check if needed. Security guards are also to do a physical hand check of all
purses, briefcases, bags, containers, and items. The City shall determine what items are
not authorized and will provide awarded Contractor with a list and/or training after
Award. The screening station must be staffed for the hours of AM to S PM, Monday
through Friday' excluding City of Yakima recognized holidays: New Year's Day; Martin
Luther King Jr. Day; President's day; Memorial Day; Independence Day; Labor Day;
Veteran's Day; Thanksgiving Day and Thanksgiving Holiday (day following Thanksgiving);
and Christmas Day,
The Contractor must also provide coverage totest all security equipment
start of the busnes-_day and to sweep the bathrooms, Court and lobby area after the
building closes. Sonnetimesatrail will Qointo the evening and the building will need to
remain open until the session is concluded in which overtime will be necessary on an as
needed basis to provide coverage until courtrooms and lobby area is clear atthe dose
of business.
V[ Community Diversion Court
°v Uniformed security officers shall sweep the Court area, lobby, and restrooms, prior tothe start of Communitv Diversio.n 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 iscleared ofparticipants.
iv. Lock/Unlock ' Park Security
• Unarmed officers unlock restroom facilities when parks open and lock restroom facilities
when parks close (dusk),seven days aweek.
^p 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 restroomo are vacant before properly securing all entrances to
the facilities and deter any loitering, trespassing and other vagrancy.
x, Event Security
• Provide crowd control by monitoring and defusing disturbances and unexpected
situations, prevent injury and damage tovenue &property.
• Within the event perimeter, monitor crowd for suspicious behavior and activity and
make sure there are nounattended bags, luggage orcontainers,
° Ensure exits are not blocked, including stage exits, and guests stay out of"Staff On|y"or
reserved areas.
12104p Armed Security Guard Services Page17of43
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 tothis Section will hescored.
a. Experience
Describe background and operational expertise in security guard and armed security guard services.
Evidence supporting that the Proposer has this experience in providing security guard and armed
security guard services, citing the number of years and the locations at which such operations have
been conducted.
b. Organizational Capabilities
Describe your company's experience providing these services and/or services similar to those
required by this RFPto customers ofcomparable 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
ofthe project.
Identify additional key personnel from your company that will be assigned tothis contract, including
their current job title and the role they will play during the term of contract. For each staff person,
include brief resume with any pertinent licenses oracnreditationsand give at least one (1) example
of project where the staff provided similar services to an organization with needs similar tothose
described inthis RFP.
Identify the Account Manager who will be handling all invoices and billing and will serve as the
account main point ofcontact for this contract.
If any of these contacts change during the contract term, the Contractor shall verbally notify the City
Purchasing Contract Administrator within twenty-four (24) hours of change and follow up in writing
within five (S)business days ofthe date ofchange.
d' Financial Capability
Proposer shall submit either a current Financial Review or Compilation Report by a CPA firm, which is
not to be older than one (1) year, or o Financial Statement from their bank asserting that Contractor
has the Financial Capability to perform this contract. City reserves the right to use other means to
substantiate Financial Capability, e.8.D&Breports, BB8,orother means.
12104p Armed Security Guard Services Page18of43
e. Services Plan
Explain how your company proposes to perform the security guard services requested: Armed
Security Guard Services at the City of Yakima Law & Justice [enter; Security Services for Community
Diversion Court 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.
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 ofthe Proposer.
h. Access tnFacilities
If keys are issued to the Contractor, a fee will be charged to the Contractor for the loss of any keys or
the cost of changing of locks as the result of any loss of keys ormisuse ofkeys by Contractor's
personnel. The sole discretion, regarding changing the locks, rests with the Facilities Management
Director, or designee.
I. Points Not Addressed
Proposers are encouraged to list any points not addressed in these specifications that they feel
improve nrenhance the operations oftheir teams orunits.
9.
4. References
Using the attached reference form, provide at least three (3) references for organizations with whom your
company has provided this or similar services over the last five (5) years. Include e contact name, email
address, telephone number, and a clear, concise description of the project.
The City will determine which, if any, references are contacted to assess the quality of work performed. The
results of any reference checks will be provided to the Evaluation Team for this RFP and will be used when
scoring the written proposal.
S. Questionnaire
Proposer must complete the Proposer Questionnaire Fnnn on Section V|U and submit it with their proposal
response.
�
4,
�
�
1' General Instructions for Preparing Cost Proposals
Proposer must submit a cost proposal under Tab D 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 atotal project cost tninclude all the costs associated with this contract, including but
not limited tntraining, testing, equipment certifications, employee insurance, requisite services, materials,
work products and ancillary expenses.
Proposer nnux1 inform the City as to the hourly rote of pay for the on -site security officer assigned to the
Facility including straight time bill rate and wage rate, overtime, after hours and worked holiday bill rate and
wage rate. Use V||.Cost Proposal Form.
12104p Armed Security Guard Services Page19of43
Contractor and any subcontractors' travel expenses (e.g. airfare, lodging, and meals, insurance) and other
miscellaneous expenses related to the provision ofon'site services must be included in the proposed cos
and cannot beanadditional charge.
Contractor's expenses related to providing on -site services (e.8. computer, printer, miscellaneous
equipment) must be included in the proposed cost and cannot be at an additional charge.
Owner will coordinate and provide any requisite meeting space for on -site services.
3. Pricing and Discount
The City qualifies for governmental discounts. Unit pricey shall reflect these discounts. Unit prices shown
on the proposal or contract shall be the price per unit of sale (e.8, hour, ea.) as stated on the request or
contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the
unit price shall govern in the proposal evaluation and contract administration.
4. Pricing Clarification
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of the
Proposers. Such clarifications will he solely to provide consistent assumptions from which an accurate cost
comparison can baachieved.
S. Prompt Payment -
Proposers are encouraged to offer discount for prompt payment of invoice. Please indicate your discount
proposal onpage 2ofthis document. |fawarded bythe City, period ofentitlement begins only after:
o. Receipt ofaproperly completed invoice
b. Receipt ofall supplies, equipment orservices ordered
c. Satisfactory completion of all contractual requirements
�
CT
k,
"A
1' Preliminary Evaluation
All Proposals shall be evaluated against the name standards. The Proposals will 0m1 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,ornot select any proposals.
2. ProposerPresentations/Scoring
Based on evaluation and scoring of the written proposals by the Selection Team on the stated criteria, an
estimate mftwo tmfour top scoring proposals may heshort'|isted. Short-listed Proposers may berequired to
participate in interviews and/or site visits to support and clarify their Proposals ifrequested by the Selection
Team. The Selection Team will make every reasonable attempt to schedule each presentation at a time and
location agreeable tothe Proposer. Failure ofa Proposer to interview or permit a site visit on the date
scheduled may result inrejection ofthe Proposer'sProposal.
Should the Selection Team request any oral presentations or demonstrations from one or more of the short-
listed proposers, the Selection Team will review the initial scoring and make adjustments based on the
information obtained in the oral presentation or demonstration and site visits and to determine final
12104p Armed Security Guard Services Page20of43
3. Evaluation Criteria
The proposals will be scored using the following criteria;
Max
No. Description Points
Experience inSecurity Services 30
Proposers Service Plan and
Capability to Perform
Overall Cost ofthe Services 20
Staff Qualifications 15
References 5
]O
TOTAL POSSIBLE POINTS 100
The points stated above are the maximum amount awarded for each category. The evaluation process is
designed to recommend oxvand of this procurement to the proposal that is the best value for the Chy, not
necessarily the lowest cost Proposal.
The cost proposal section shall receive a weighted score, based upon the ratio of the lowest proposal to the
highest proposal. The lowest cost Proposal will receive the maximum number of points available for the
cost category and other proposals will bescored accordingly.
Results ofreference checks will be used to clarify and substantiate information in the written proposals. The
reference results shall then be considered when scoring the responses to the requirements in the RFP.
4. 0FPEva|uatio
Evaluation of proposal shall be based on conformity to the specifications, cost past experience and
performance with the City and other agencies to include training, equipment, employee neatness,
appearance, and functionalism.
S. Award / Best and Final Offers
The Buyer will compile the final scores for all sections of each nsponaka proposal. The award will be
granted in one of two ways. 1) The Selection Teom's Recommendation of Award may be granted to the
highest scoring responsive Proposal and responsible Proposer. Alternatively, Proposers with the highest
scoring proposer or proposers may be requested to submit Best and Final Offers. |fBest 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 bythe evaluation committee. The Intent toNegotiate then will begranted tothe
highest scoring Proposer. However, a Proposer should not expect that the City will request a Best and Final
Offer.
6. Tied Score
In case of a tied score, recommendation of award will go to the firm who was favored by the majority of the
Selection Team members, according to their score. The Selection Team shall then offer an "Intent to
Negotiate and/or Intent to Award" the final contract with the successful Proposer and the decision to accept
the award and approve the resulting contract shall befinal.
7. Offer in Effect for Ninety (90) 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, ifrequired, and Proposer soagrees insubmitting the proposal.
12104p Armed Security Guard Services Page21of43
8' Notification pfIntent 0mNegotiate/intent tmAward
Proposers will be notified in writing of the [it/o Intent to Negotiate and/or Intent to Award the contract
resulting from this RFP.
9' Right toReject Proposals and Negotiate Contract Terms
The City reserves the right to negotiate the terms of the contract, including the award amount, with the
selected Proposer prior to entering into a contract. If substantial progress in not mode in contract
negotiations with the highest scoring Proposer, the City may choose tocancel the first Intent to Negotiate
and commence negotiations with the next highest scoring Proposer.
10. Protest Procedure _
Any protest must be made in writing, signed by the Protestor, and state that the Proposer is submitting
formal protest. The protest shall be filed with the City of Yakima Purchasing Manager at 129 No. 2nd St,
Yakima, WA 9D9O1,mrbyfax: SU9'S76'6394remail to: o4 .GovThe protest shall
clearly state the specific factual and legal ground(s) for the protest, and o description of the relief or
corrective action being requested. Protests based on specifications/scope of work, orother terms in the RFP
shall be filed at least five (S) calendar days before the solicitations due date, and protests based on award or
after the award shall be filed no more than five calendar (5) days after Award Announcement (see be|mvv for
details). The following steps shall betaken in an attempt to resolve the protest with the Proposer:
Step |. Purchasing Manager and Division Manager of solicitation try resolving matter with
Protester. All available facts will be considered and the Purchasing Manager shall issue a
written decision.
Step U' If unresolved, within three (3) business days after receipt of written decision, the
protest may be appealed to the Department Head by the Purchasing Manager.
Step U|. If still unresolved, within three (3) business days after receipt of appeal, the protest
may be appealed to the Executive (or his designee). The Executive shall make a 0no|
determination in writing to the Protester.
Award Announcement
Purchasing shall
—�--announce the successful Proposer via VVebsite, e'mai|, fox, regular nnai|' or by any other
appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins.
The timeframe is not based upon when the Proposer received the information, but rather when the
announcement ioissued byPurchasing.
Award Regardless�
When awritten protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one ofthe following applies:
w The supplies mrservices tobecontracted for are urgently required;
� Delivery or performance will be unduly delayed by failure to make award promptly;
� Aprompt award will otherwise beadvantageous tmthe 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 inany manner.
12104p Armed Security Guard Services Page 22 of 43
VII. COST PROPOSAL FORM
PROPOSAL COST FORM
Armed Security Guard and Other Services - RFP 12104P
Having carefully examined all of the RFP specifications including the "Proposal Requirements" and the
"Evaluation Criteria", all of which are contained herein, the Undersigned proposes to furnish the following,
which meet these specifications. List total cost for providing services below including, but not limited to, taxes,
insurance, certifications, trainings, supplies and cost of preparing this proposal.
Schedule A
Armed Security Guard Services, Law & Justice Center
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Straight Time Bill Rate, Before 7:45 AM or After 5:00 PM:
Hourly cost per person.
Wage Rate: $
Hourly
Hourly
Hourly
Wage Rate: $
Hourly
Schedule B
Security Guard Services, Community Diversion Program
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Straight Time Bill Rate, Before 7:45 AM or After 5:00 PM:
Hourly cost per person.
Wage Rate:
Wage Rate:
Hourly
Hourly
Hourly
Hourly
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Please List if there is a minimum hour requirement Wage Rate:
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Hourly cost per person.
Hourly
Hourly
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
12104p Armed Security Guard Services Page 23 of 43
Please List any additional cost associated with PRISONER WATCH services. Use
an additional sheet labeled PRICE FORM if more space is needed.
Hourly
Hourly
Schedule D
Event Security
Straight Time Bill Rate — Regular Hours:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person,
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.
Wage Rate:
Hourly
Hourly
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
Straight Time Bill Rate — Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person.
Please List if there is a minimum hour requirement Wage Rate:
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 Wage Rate:
Hourly
Hourly
Hourly
Hourly
Schedule D
Lock/Unlock Services
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Please List if there is a minimum hour requirement Wage Rate:
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Hourly cost per person.
Hourly
Hourly
Hourly
Please List if there is a minimum hour requirement Wage Rate: $
Hourly
12104p Armed Security Guard Services Page 24 of 43
OPTIONAL SERVICES
Please describe any optional services you might trovide and cost for optional services i.e. mobile
patrol, unarmed buildmi securiy, perimeter checks and vehicle patrols. if more space is needed,
please attach additional sleet.
12104p Armed Security Guard Services Page 25 of 43
1
TI
A
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 (
PROPOSER INFORMATION
FAX
UBI No,
Mailing Address
Federal
EIN No.
Toll Free Phone J )
E-Mail Address
City State Zip + 4
Physical Address
City State Zip + 4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( Toll Free Phone (
FAX ( ) E-Mail Address
Mailing Address
City State
Physical Address
City State
Zip + 4
Zip + 4
12104p Armed Security Guard Services Page 26 of 43
OWNERSHIP
|oyour firm asubsidiary, parent, holding company, oraffiliate cfanother firm?
Please explain:
PROPOSER QUESTIONNAIRE
Page 2 of 4
FINANCIAL RESOURCES AND RESPONSIBILITY
Within the previous five years, has your firm been the debtor of a bankruptcy?
Please explain:
Yes:
_
huyour firm hothe process ofmrinnegotiations toward being sold?
Please explain:
Within the previous five years, has your firm been debarred from contracting with any
local, state, orfederal government contract? Yes:
Please explain:
Within the previous five years, has your firm been determined bobmanon-
responsible
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
onogovernment contract when that subcontractor had been debarred byo
governmental agency? Yes: No:
Please explain:
12,104p Armed Security Guard Services Page27of43
PROPOSER QUESTIONNAIRE
Page 3 of 4
�DISPUTES�
Within the previous five years, has your firm been the defendant incourt onomatter related boany ofthe following?
Payment tosubcontractors?
Please explain
Work performance onacontract?
Please explain
Does your firm have any outstanding judgments pending against it?
Please explain
Yes: _ No. -
Yes:, No:
Within the previous five years, has your firm been assessed liquidated damages
on a contract? Yes:
Please explain
Has your firm received notice ofand/or inlitigation about patent infringement for
the product and/or service that your firm is offering to the City? Yes:
Please explain
COMPLIANCE
Within the previous five years, has your firm or any of its owners, partners, or
officers, been assessed penalties or found to have violated any laws, rules, or
regulations enforced oradministered byagovernmental entity? This does not
include owners ofstock ifyour finn/sepublicly 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 olicense suspended bym
licensing agency or been found to have violated licensing laws? Yes: No:
Please explain
1Z1O4pArmed Security Guard Services PaQe28of43
PROPOSER:
PROPOSER QUESTIONNAIRE
Page 4 of 4
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations? Yes:
Please explain
No:
Within the previous five years, has a governmental entity or public utility
determined your firm made a false claim or material misrepresentation?
Please explain
Yes: No:
Within the previous five years, has your firm or any of its owners, partners or
officers been convicted of a crime involving the bidding on a government
contract, the awarding of a government contract, the performance of a
government contract, or of a crime of fraud, theft, embezzlement, perjury,
bribery? This does not include Owners of stock if your firm is a publicly traded
corporation. Yes: No:
Please explain
12104p Armed Security Guard Services Page 29 of 43
•
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
E-Mail Address
Describe experience with reference
Position
Phone No.
2) Company Name
Address (include Zip + 4)
Contact Person
E-Mail Address
Describe experience with reference
Position
Phone No.
3) Company Name
Address (include Zip + 4)
Contact Person
E-Mail Address
Describe experience with reference
Position
Phone No.
12104p Armed Security Guard Services Page 30 of 43
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 ^("CUntractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
t Statement of Work
The minimum S8micoS that the Contractor will provide include 88mic8n described in RFP 12104P, which are attached as
Exhibit Ahereto and incorporated herein hythis reference.
Administrative ReQu8 : 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 0fall Contract staff.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B. attached hereto and incorporated herein. which Exhibit
|mdudoo the specifications and payment schedule of itemized prices as listed in the Contractor's RFP submittal akthe time
and in the manner and upon the conditions provided for the Contract. Any additional SemiC8(S) provided by the Contractor
which are tDbepaid bythe City must have prior written approval ofthe City.
PhC8S Sh8U n308iD firm for the first twelve month period of the C0nt[8CC Price adjustments will only be reviewed during
contract renewal.
The City shall make payment to Contractor onGmonth by month basis. The monthly invoices will be submitted by the
Contractor 0Dthe City 0nOrabout the first week of the month immediately following the month the services are provided.
The Qh/ will use its best efforts to pay each of Contractor's invoices within thirty /30 days after the Cih/'a mogi[t and
verification thereof; pn}vided, however, that all such payments are expressly conditioned upon Contractor providing Snm|ou8
hereunder that are satisfactory to the Qh/. The City will O[difv the CVOtcoohor pn)0Dt|y if any p0b|80S are noted with the
3. Contract Term
The period of this Contract shall be for 8period ofone year from its effective date. The City may, at its option, extend the
Contract on 8 year to year basis for up 1Dfour additional y8G[S provided. Contract extensions Sh8U be automatic, and ShGU
gOinto effect without written confirmation, unless the City provides advance notice 0fthe intention tOnot renew.
4. Changes
Any proposed change in this Contract shall be submitted tVthe other party, for its prior written approval. If approved,
change will be made by@contract modification that will become effective UpOO execution by the parties hereto. Any oral
statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor ohal|, at all Umao, 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.
1J1O4pArmed Security Guard Services PaQe31of43
The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
needed, and a separate set of books or records that reflect all items of income and expenses of the business that the
Contractor is conducting.
6. Conflict of Interest
Contractor represents that it and its employees do not have any interest and shall not hereafter acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance of this agreement.
7. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
8. Property Care
Contractor shall not allow the Facility to be used for any unlawful purposes. Contractor shall not commit any waste on the
Facility property nor damage same nor permit waste or damage by others. Contractor will be responsible for the proper
custody and care of all City -owned property furnished for Contractor's use in connection with the performance of this
Agreement, including but not limited to, metal detection equipment. Contractor will reimburse the City of any loss or
damage, normal wear and tear excepted. Contractor shall also be responsible for the proper possession, use, and
maintenance of all personal property retained by Contractor during the performance of armed security guard and other
services pursuant to this Agreement.
9. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of
public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any
time disclose that information without the express written consent of the City.
10. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City,
but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor
shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the
City. Contractor's records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary
of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have
the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to
the Services performed by Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to
the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's
services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
12104p Armed Security Guard Services Page 32 of 43
11.WmrkMadehorHire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall bethe property ofthe
Qh/. The City shall own any and all data, documents, plans, oopyhghtS. Vp8Cifin8Uons, working p8p8Co, and any other
materials the Contractor p0dUQ8S in connection with this Contract. On completion or VenniO8Uon of the Contract, the
Contractor shall deliver these materials to the City.
12. Compliance with Law
Contractor agrees to perform all Services under and pursuant k)this Contract in full compliance with any and all applicable
laws, rules, and regulations adopted Orpromulgated bvany governmental agency O[regulatory body, whether federal, state,
|ooa|. or otherwise. Contractor shall pmounu and have all applicable and necessary parm|tu. Uoanuao and approvals of any
federal, state, and local government 0[governmental authority for this project, p8ya||ch8rg8SSOdfe8u,ondgive8UOOtiCSa
necessary and incidental hJthe due and lawful execution Ofthe work.
8. City ofYakima Business License. Contractor shall have @ valid and current business license per Chapter 5.O2.O10
ofthe Yakima Municipal Code CVv8hOg this type of buSiO8ou and shall satisfy all app||oah|S City Code provisions.
Said license shall Ueobtained prior tothe award ofany contract.
b. Contractor 0uSi provide proof Of8 valid Washington department of Revenue State axCiG8 tax registration nUmb8r,
as required inTitle 85 RCVV.
C. Contractor must provide proof Of8 valid VV8Sh|ngtOO Unified BUSin8SS Identification (UB|) Oun3b8[. Contractor
must have @ current UB| number and not b8disqualified from bidding on any public works contract underRCYV
89.00101 U[38.12.U85(3).
U. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
5ORCVY.
e. Although the City does not require foreign corporate proposers to qualify
inthe City, County OrState priortVSUbmdUOg8pmp088[itiSSp8cificolyund8rsto0d8Od8greedthaunySUch
corporation will promptly take all necessary 088SuRm to become authorized to conduct bUSiO8SS in the City of
Yakima, at their own 8xp8nS8, without regard to whether such corporation is actually awarded the contract, and in
the event that the award |8made, prior tDconducting any business |nthe City.
13. Nondiscrimination Provision
During the performance Ofthis Contract, the Contractor agrees 8Sfollows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, r8|igiOO. D8dOOG| origin, Sex'
agn, marital utatuo, onxue| ohontabon, pnagnnnoy, veteran's status, political affiliation or belief, or the pnoounoe 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 Sh3U include but not be limited to the following; employment,upgradiOg, demotion, transfer, recruitment,
advertising' layoff Ortermination, 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 nVO'diSCh0iOadon clause of this contract or with any such 0les,
regulations, 0[orders, this Contract may b8cancelled, terminated, U[suspended |nwhole O[iOpart and the Contractor may
be declared ineligible for any future City contracts.
14. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge m|nany other manner discriminate against employees Orapplicants because they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have aooeou to the compensation information of other employees or applicants as a part of their eonanUu| job functions
cannot disclose the pay Ofother employees O[applicants h3individuals who dnnot otherwise have access b]compensation
information, uO|GSS the disclosure is /a\ in n3SpUnS8 to o formal CO0p|8iD1 or charge, /h\ in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, ur(o) consistent with the contractor's
12104p Armed Security Guard Services Page33of43
15. Indemnification and Hold Harmless
G. Contractor shall take all n8C8SS8[y precautions in performing the Services to prevent injury to persons or property.
Contractor agrees h]defend, indemnify and hold h8nn|8Ss the CUv. its elected and appointed offiCi8|S' offiC8nS'
omp|OyS8S. 8ttO[n8yG. agents, and volunteers from any and all d8i0S. d80ondS. |USS8S' liens, Uab|UU8S' pSD8|U8S.
UO8S. |8wmU|tu' and other proceedings and all judgments, awards, costs and expenses (including reasonable costs
and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials,
officers, employees oragents.
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 nrvolunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, action, claim, demand, Uum8g8S or costs and 8xp8OSPa' including re8G0n8b|S
attorneys' fees.
C. Contractor's Waiver of Employer's Immunity under Title 51 RCVV. |fany design or engineering work is dOOR
pursuant to this CUOt[GC[ Contractor intends that its iOd80OifiC81iOO, defense, and hold harmless obligations set
forth above inSection Ashall operate with full effect regardless Ofany provision tuthe contrary |nTitle 51RCVY.
Washington's Industrial Insurance Act. Accordingly, hothe extent necessary tofully satisfy the Contractor's
indemnification, d8feOo8. and hold horm|ooS obligations set forth above in section A' Contractor specifically waives
any immunity granted under Title 51 RCVV, and Sp8SifiCG||y 8uoumon all potential Uuhi|itv for 8CUOnS brought by
employees Ufthe Contractor against the City and its elected and appointed officials, officers, employees, attorneys,
agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its
SUbCUOt[Gctom, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts
Contractor may be ||oU|o in connection with its performance of this Agreement, Sh8U comply with the terms of this
paragraph, waive any immunity granted under Title 51 RCVV.and assume all potential liability for actions brought by
their respective 8mp|Oy88S. The provisions of this section Sh8U survive the expiration or termination of this
Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification
|nany third party.
n. The terms Ofthis section shall survive any expiration Urtermination ofthis Contract.
16. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to
protect the City and Contractor from and against any and all C|8|mS. d808g8S. |0SS8S. and expSOS8u arising out {fVr
resulting from the performance of this Contract. Contractor shall provide and maintain in force iOSu[8OCS in limits no |ooa
than that stated b9|uw. as applicable. The City [8Samoo the right to n8qU|nR higher limits should it deem it necessary in the
best interest ofthe public.
Contractor will provide 8Certificate of Insurance to the City 3Sevidence ofcoverage for each ofthe 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 o[failure of City Nidentify 8
deficiency from the insurance documentation provided shall not be construed as8waiver of Contractor's obligation to
maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract |nfully executed by the partiau. Contractor shall provide the City with G certificate of insurance
as proof of commercial liability insurance with a minimum liability limit ofTwo Million Dollars ($2,000.000D0) per
occurrence, combined single limit bodily injury and property damage, and Three Million Dollars ($3.00'000.00)
general aggregate. IfContractor carries higher coverage |imd3. such limits shall be shown on the Certificate Of
12104p Armed Security Guard Services Page34of43
volunteers shall be named 88 additional insureds for such higher limits. The certificate ShGU clearly state who the
provider is, the coverage G0nun(, the policy number, and when the policy and provisions provided are in effect.
Said policy shall b9in effect for the duration ofthis Contract. The policy shall name the City ofYakima, its elected
and appointed officials, omplovoau. agents, attorneys and volunteers emadditional insureds, and shall contain 8
clause that the insurer will not cancel 0rchange the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in
the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and Sh3|| not in any manner limit O[qualify the liabilities or
obligations assumed byContractor under this contract.
b. Automobile Liability Insurance
Before this Contract iSfully executed by the parties, Contractor shall provide the City with 8certificate ofinsurance
as proof ofautomobile liability insurance with 8 minimum liability limit 0fTwo Million Dollars /$2.000.000.00 per
occurrence. KContractor carries higher coverage UmU3' such |i0dS shall be shown OO the Certificate of |nSUraOC8
and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers
mkGU be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said p0||oy
shall b8iOeffect for the duration 0fthis Contract. The policy shall name the City OfYakima, its elected and
appointed offiCi8|S' 90p|oynoa. agents, attorneys and volunteers 88additional |nnumdG. and Sh8U QUO13in adauGe
that the insurer will not C8OCS| or change the insurance without first giving the City prior written nOUC8. The
iOSunenou Gh8|| be with an insurance company O[companies rated A'V|| or higher in Bout's Guide and admitted in
the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
|nGUr8nQ8 0@iOt3iO9d hyContractor iS not intended to and Sh8U not in any manner limit O[qualify the liabilities or
Ob|ig3UOOS assumed by COO1[8ctD[ under this COOtn3Ct. The business 8Uk) liability Sh8U include Hired and Non -
Owned coverage if necessary.
Commercial Automobile Liabilitv Insurance:
8. If Contractor owns any v8hiclex, before this Agreement is fully executed by the D8rtinu.
Contractor shall provide the City with 8certificate ofinsurance uoproof ofcommercial automobile liability
insurance and oommovr|a| VmbnBU8 |i3bi|dv insurance with 8 total minimum Uobi|dv limit of Two Million
Dollars /$2'000,000.00 per occurrence combined single limit bodily injury and property damage.
Automobile liability will apply to "Any Auto" and be shown on the certificate.
h. IfContractor does not own any vehicles, on|y"Nonfwn8d and Mired Automobile Liability" will be
[uqu|R»d and may added hothe commercial liability coverage at the same limits as required inthat section
Ofthis Agreement, which iSSection 18.nEntitled "Commercial Liability |n8un3n:6".
C. Under either situation Unuchbod 8bV*8 in Section 18.o. and Section 16b. the required certificate
of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are iOeffect. Said policy shall bo|neffect for the duration Ofthis
Agreement. The Policy shall name the City of Yakima, its elected offiCi8|S' officers, agents, employees,
and vO|uOheonS 88 additional insured, and Sh8U COOt8iO 8 S|8ume that the insurer will not C8OCo| or change
the insurance without first giving the City thirty (30) calendar days prior written OCkiQ8 /GOy |GOgUog8 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" 9h8U be crossed out and initialed by the insurance agent). The iDSu[8One shall be with an
|OSu[8noo company of companies rated A'V|| or higher in BeSt'S Guide and admitted in the fK8tB of
VV3ShiOg1nn.
c (Stop Gap)
Contractor and all shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety |uwS. statutes, and regulations k)the full extent applicable, and shall
maintain Employer's Liability insurance with 8limit ofnOless than $1.OUO.OUU.00. The City shall not boheld
responsible in any way for claims filed by Contractor or its 8nOp|0y898 for services performed under the honnS of this
Contract. Contractor agrees 03assume 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
12104pArmed Security Guard Services Page35of43
OG8dnU. Failure OfSu to comply with insurance reqU|vR08nt3 dU8S not limit Contractor's liability or
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance orinsurance pool coverage maintained by the City shall b8inexcess ofthe
Contractor's insurance and shall not contribute 03it.
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 b8discontinued immediately. Any failure t0maintain the required insurance may
b9sufficient cause for the City k)terminate the Contract.
Should 8court ofcompetent jurisdiction determine that this Contract is subject 0DRCVY4.24.115.then, inthe event of liability
for damages arising Out of bodily injury to p8DmnS Ordamages 1O property caused by or resulting from the SVnCUrn3nd
negligence of Contractor and the Cdv, its offionnu, elected and appointed officials, amp|uyeen, agento, attorneys and
volunteers, Contractor's liability hereunder shall balimited tnthe extent ofthe Contractor's negligence.
The City reserves the rightk)requke higher cvlower limits where warranted.
17. Fidelity Bond — Employee Dishonesty
The Contractor will show proof of providing afidelity bond iO8form acceptable to the City of Yakima inthe amount of Fifty
Thousand DuUonS ($50.080 03 reimburse City of any d308goo incurred as result of dishonesty, kupQ|8ry, theft' fraud Or
destruction ofproperty committed by employees of the Contractor.
Coverage must apply to all p8rsUOO8| of the Contractor including subsidiaries. Coverage must be provided for looeou
sustained by the Contractor or its C|i8n|3 n8Su|1iOg from fraudulent Or dishonest acts committed by employees of the
Contractor, acting 8|OOo or in collusion with Ckh8nG. Said bond or insurance Sh8|| remain in effect during the term of this
Agreement.
18. 0mverabi|bv
If any term 0rcondition of this Contract or the application thereof to any person(s)mcircumstances iSheld invalid, such
invalidity shall not affect other terms, conditions orapplications 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, GC0p8 of Work, conditions, 8dd8Od8. and modifications and
Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other
inconsistent provisions. NO prior oral or written understanding Sh8|| be ofany force 0reffect with respect to those mo#um
covered herein. These Contract Documents are on file in the Office of the Purchasing M8n3g8[, 128 No. 2»« St., Yak|ma,
WA, S8SU1.and are hereby incorporated byreference into this Contract.
20. Termination
8. Contract after providing the Contractor with thirty BO calendar
days written notice of the Contractor's right to cure 3 failure of the Contractor to perform under the hunno of this
The Contractor may terminate the Contract after providing the City ninety (90) calendar days' notice of thnCity's
right to cure a failure of the City to perform under the terms of the Contract
Upon the tonnin8UOn of the Contract for any r88SOO' or upon Contract expiration, each party shall be na|oaSed from
all obligations to the other party arising after the Uoho of termination or expiration, except for those that by their
terms survive such termination Orexpiration
12104p Armed Security Guard Services Page36of43
b by providing a
written notice; the City Uyproviding at least thirty (30) calendar days' notice hnthe Contractor, and the Contractor
providing atleast ninety (90) calendar days' notice to the City inadvance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees
owed under the Contract. The Contractor shall also b8compensated for partially completed services. |nthis event,
CO0pon8Eki0n for such partially completed SemiS8S Sh8U be no more than the p8vC8nt8g8 of completion of the
services requested, 3t the sole discretion of the City, multiplied by the corresponding payment for completion of
such services 3Sset forth inthe Contract. Alternatively, atthe sole discretion ufthe City, the Contractor may b8
compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid
for but not received Vrimplemented, such refund hohep8idwithiOthiUv/3U\d8ySUfwhtt8nnntineh}thSCDntroctVr
requesting the refund.
C. Contract Cancellation: The City reserves the right to cancel the Contract |nwhole oriOpart without penalty if the
• Breaches ordefaults anobligation under the Contract;
° Fails 0operform any material obligation required under the Contract;
• Files 8petition |nbankruptcy, becomes insolvent, orotherwise takes action hodissolve 8Salegal entity;
* Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-im posed, 30-day notice;
`• Makes onassignment for the benefit ofcreditors;
• Fails to follow the sales and use tax certification requirements of the State of Washington
wIncurs 8delinquent Washington tax liability;
* Becomes aState orFederally debarred Contractor;
m |aexcluded from federal procurement and non -procurement Contracts;
• Fails to maintain and keep in fnnnu all required insurance, permits and |iooneeo as provided in the Contract;
�Fails 1Omaintain the confidentiality ofthe City information that |8considered 0nUnConfidential Information,
proprietary, Orcontaining Personally Identifiable Information, n[
w Contractor performance threatens the health O[safety OfoCity, County 0[municipal employee
w Change |nFunding: |fthe funds upon which the City relied 0zestablish this Contract are withdrawn, reduced, o[
|i0ihad, or if additional or modified conditions are p|8C8d OO such funding, the City may terminate this Contract
by providing at least five business days written notice 0Jthe Contractor. The termination Sho|| be effective UO
the date specified iOthe notice 0ftermination.
d. The Contractor may bedeclared |ndefault and may buterminated immediately by the City
for one mthe following reasons;
* Failure nfthe Contractor tomaintain satisfactory performance level;
* Failure Ofthe Contractor k)start work within the time stated |nthe notice tVproceed;
• Failure of the Contractor to pay employees for work performed and materials and supplies used under this
contract;
• Failure to maintain mandatory licenses, certificates, insurance or meet mandatory RFP requirements;
° Insolvency OfContractor.
31. Dispute Resolution
|nthe event that any dispute uhal|ohoauoho8mi nof8lisagreomant,nrinthaaventofonoUnoofdafauKaoto
whether such default does DOnSbtuha 8 breach of the contract, and if the parties hereto cannot mutually settle such
12104p Armed Security Guard Services Page 37 of 43
differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods
are 8dh8[ not sUCC8Ssfu| 8)nn any dispute relating to this Agreement Sh8U be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may
be implemented.
3�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 Sh8U not substitute or deviate from said specifications Of this COOUBot without 8 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 |nthis Contract, Contractor shall furnish the following, all as the same may be
required to perform the SemiC8S d8SChb8d in. G8CiOn |V Pmp0S8| R8OUi[908Ots in oCC0vd8OQ8 with this Contract:
personnel, labor and supervision; and technical, professional and other services. All such services, property and other items
furnished Or required 10 be fu0iSh9d, together with all other obligations p8dn[DlRd or n8qUin3d to be performed, by
Contractor under this Contract are sometime collectively referred to in this Contract as the "(Services)."
25. Complementary Provisions
All provisions of this Contract are intended to be 0V0p|9montoq/, and any S8mic8S required by one and not mentioned in
another Sh8U be p8hoRD8d to the same extent as though required by all. Details of the services that are not necessary to
carry out the intent [f this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part
of the services, without any increase in the compensation otherwise payable under this Contract.
26. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the Qh/B receipt and
verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing services
hereunder that are satisfactory 03 the City. The City will nCkih/ the Contractor promptly if any p0b|8DDS one noted with the
invoice. TO iOSuna prompt p8y08O[ each invoice should Ci08 purchase order number, RFP Oumbor, U88CripUOn of item
purchased, unit and total price, discount term and include the Contractor's name and return remittance address.
In the event either party terminates this agreement early pursuant to Section 20,Contractor shall be compensated unapro-
ratab8Sisforal| 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 ofYakima Accounts Payable
129No. 2ndStreet
Yakima, WA 98901
27.Credit Card Acceptance
The Cdv. in its sole diunretion, will determine the method ofpayment for goods and/or sam|CeG as part Ofthis agreement.
The Cih/'8preferred method Ofpayment iobvprocurement homdi8card. Proposers may bnrequired hnhave 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 anaform ofpayment.
28. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all
CUO(raCun| matters arising hereunder, including the performance Of services and the payment of any and all charges
resulting from its contractual obligations.
121O4pArmed Security Guard Services Page38of43
29. Delegation mfProfessional Services
The uamioeo provided for herein shall be performed by Contractor, and no person other than regular associates or
omp|Oy88S OfContractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or
otherwise) d8|8yaho or subcontract performance of any Somioao to any other person or entity without the prior written
consent ofthe City. Any such delegation or subcontracting without the City'n prior written consent shall be voidable at the
City's option.
NO delegation of subcontracting of performance of any of the services, with Vrwithout the City'S priorwri#enCOOSoOLShal|
ndieV8 Contractor Of its responsibility to perform 818 S8m|neS in GCCUndonce with this Contract. Contractor Sh8U 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 atall times be anindependent contractor and not an agent mrepresentative of the City with regard to
performance ofthe services. Contractor shall not represent that itis, nor hold itself out as, anagent orrepresentative ufthe
City. In no event Shn|| Contractor be authorized to enter into any agreement or undertaking for ornn behalf Ufthe City.
Neither the Contractor nor any 80p|Oynn of the Contractor is 8OUt|8d to any benefits that the City provides its employees.
The Contractor is solely responsible for payment of any statutory workers compensation or employers liability insurance as
required bystate law. The Contractor will have an active account with the Department of Revenue, other state agencies as
naadnU, and a separate set of books or n000ndo that reflect all items of income and expenses of the business that the
Contractor iSconducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. A1the time
of performance' Contractor shall be or000dv |icnnoed, equiooed, urganizaU, and financed to perform the eon4ona in
3CQDndonoo with this Contract. Subject to oVmpU8nC8 with the requirements of this Contract, Contractor shall perform the
Services iOaccordance with its own methods.
30.Taxes and Assessments
Contractor shall be solely responsible for and Sh8U pay all taxes, deductions, and assessments, including but not U0dBd to
federal income tax, FICA, sVC|8| security tax, assessments for unemployment and industrial injury insurance, and Ckh8[
deductions from income which may bSrequired bylaw U[assessed against either party 8Soresult Ofthis Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes
duo.
The City and its agencies are exempt from payment of all federal excise taxes and, but not sales tax (currently atM.3%).
Tax will not be considered in determining which p0pOS8| is the lowest or best, however RCVV39.3U.O4O 8UOwS the City to
Coke any sales tax and B&Otax that is will receive from purchasing nupp|iem, materials and equipment within its boundaries
into consideration when determining the lowest responsible Proposer.
31. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
32.Inspection: Examination ofRecords
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and insuch
form as the City requires pertaining to the work orservices 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 (O[ failure or delay in making) such inSDSCUUO Or approval Sh@U not relieve Contractor Of R)SpUOSibi|ih/ for
p8donn3OCe of the sem|C8S in 8000nd8OD8 with this COO83n, 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.
12104p Armed Security Guard Services Page39of43
33. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records Ofall expenditures incurred under the contract. All records must be
knot in accordance with generally accepted 8CCOUOUOg p0C8dUn3S. 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 mdocuments relating to any
contract resulting from this proposal held bvthe Contractor. The Contractor will retain all documents applicable hothe contract for
operiod (fnot less than three (3) years after final payment is made.
34. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary OrPersonally Identifiable Information ofCity 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. |frequested bvthe
City in writing, Contractor shall make 8 n38SonaU|e effort to add u proprietary notice or indication 0fconfidentiality tu any tangible
materials within its possession that contain Confidential Information of the City, as directed.
Contractor shall maintain all Confidential Information as confidential for operiod 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 d|xnlono Confidential Information in cUnn8CbOO with G judicial or administrative proceeding to the extent such
d|ooloounS is required under law O[8 court order, provided that the City shall be given prompt written notice OYsuch proceeding if
giving such notice |olegally permissible.
35. Price Increases
If requested by the Contractor inwriting thirty B0days before the anniversary date ofeach 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 (CP|'VV) for the previous twelve months. The City, iOits sole discretion, will decide whether tDapprove O[deny
the rate iOCre8S8 request or any part thereof within 30 days Of receipt of the request. If approved, iOCn38S8 Sh@U take effect 30
days after approval.
Price increases for any other justifiable reason will be considered on a basis. Phno |nnmone 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, iOwriting, all or8portion of the Service under this Agreement ifunforeseen circumstances beyond the
C|tv'scontrol are interfering with normal progress ofthe Service. The Contractor may suspend, inwriting byvia email 0rcertified
mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are interfering
with OOOna| p0gnaou of the G8miC8. The COO1c8Sk)r may suspend Service OO the Project in the event the City d08S not pay
invoices when due, except where otherwise provided bythis Agreement. The time for completion ofthe Service shall be extended
by the number of days the Som|no is suspended. If the period of suspension exceeds ninety (SO) dayS, the tBOOS of this
Agreement are subject to renegotiation, and both parties are granted the option to terminate the Service on the suspended portion
OfProject |naocon1anoow|th Section 20. Termination.
12104p Armed Security Guard Services Page40of43
°'
37. Provision ofServices
The Contractor shall provide the services set forth herein with all dun SNU, care, and diligence, in @ooVrd8OC8 with accepted
|Oduuhv practices, standards and hma| requirements, and to the Qb/ 'S satisfaction; the City d8CiSiOO in that regard Sh8U be final
and n0Oduaiv8. The City may inspect, observe and examine the p8rfn[mGOS8 of the SSmiC8S performed UO the City premises at
any time. The City may inspect, ub98m8 and examine the performance ofContractor's services 3treasonable times, without
notice, otany other premises.
8. If the Qb/ notifies the Contractor that any part Of the services rendered are inadequate or in any *0y differ from the
Contract requirements for any reason, other than as a result of the City's default or negligence, the Contractor shall, at its
Own 8xpnnnn, reschedule and perform the services correctly within such reasonable time as the City specifies. This
remedy shall be in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall bnsolely responsible for controlling the manner and means bywhich |\ 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 COOtr8CL or any interest herein, or claim hereunder, Sh8U not be assigned or transferred in whole or in pert 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. NmConflict nfInterest
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 pmvisioO. Sh8| be rendered or declared invalid by 8 court of
competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement
oh8U remain infull force and effect.
If any provision of this Agreement is indirect 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 d8808d modified to conform to
such statutory provision
41. Promotional Advertising /News Releases
Reference to or use of the City, any Of its departments, 8gSOCieG or other subunits, or any official Or employee for CO00amial
promotion is prohibited. News [o|oouen pertaining to this procurement Sh8U not be 08d8 without ph0[ approval of the Qh/.
Release Ofbroadcast S'08i|mpertaining k>this procurement shall not hSmade without prior written authorization ufthe 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 bSfurther expanded by the Purchasing Manager iOwriting toinclude any othe[item/service normally
offered by the Contractor, 89 |OOg as the price of such 8dd|U003| products is based on the S8m9 ouyt/orofitfODOU|8 as the listed
item/service. At any time during the term of this contract, other City departments may be added to this contract, if both parties
agree.
12104p Armed Security Guard Services Page4lof43
44. Ownership
All material as 8 result of this Contract shall be the exclusive property of the City. Additionally, the City shall have
unrestricted authority to mpmdUQ8. distribute, and use any submitted repOrt, template, data, or material, and any associated
documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract.
45. Safety Requirements
All 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 8Sset forth bvthe State OfWashington RCVVS.VVAC'o
and all applicable OSHA Standards.
46.&ccoss 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 inFinancial Condition
If, during the Contract Term, the Contractor experiences aohanuo in its financial condition that may affect its ability to perform
under the Contract, Or experiences 8 change of ownership or control, the Contractor shall immediately notify the City in writing.
Failure to notify the City of such 8 change in financial C0ndidOO or change of ownership or control ShGU be sufficient grounds for
Contract termination.
48. Facility Security
The City may prohibit entry tOany secure facility, 0rremove from the facility, a Contract employee who does not perform his/her
duties in 8 professional manner, or who violates the secure facility's security rules and procedures. The City reserves the right to
search any person, property, or article entering its facilities.
49. Waiver of Breach
Awaiver by either party hereto of8breach of the other party hereto ofany covenant orcondition of this Contract shall not impair
the right of the party not in default to avail itself ofany subsequent breach th8reof. Leniency, delay or failure of either p8hv to
insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any
one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
50. Integration
This Contract, along with the City of Yakima'SRFP12104Pand 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 ofany force or effect with respect to those matters covered herein. This Contract may not be modified or
altered except inwriting signed hyboth parties.
51. Force M' nm
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' OUOdo, strikes, epidemics/pandemics and quarantine
restrictions, war, hot, delay in transportation or n8i|C8r transport ShVrt8g8S. freight 8mb8[gO88 and Vnu8U8Uy Sev8[8 weather,
provided Contractor notifies the City immediately in writing of such pending or actual delay. NOr0a||y, in the event Orany such
delays (acts OrGod, etr]the date Ofdelivery will bVextended for 8period equal k}the time lost due 0Jthe reason for delay.
52. Governing Law
This Contract shall be governed bvand construed inaccordance with the laws Vfthe State OfWashington.
53. Venue
The venue for any judicial action 0Jenforce o[interpret this Contract shall lie in3court of competent jurisdiction |nYakima County,
Washington.
12104p Armed Security Guard Services Page 42 of 43
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: (Print name)
City Clerk
STATE OF
COUNTY OF
12104p Armed Security Guard Services Page 43 of 43
4 14-
VII. COST PROPOSAL FORM
PROPOSAL COST FORM
Armed Security Guard and Other Services - RFP 12104P
Having carefully examined all of the RFP specifications including the "Proposal Requirements" and the
"Evaluation Criteria", all of which are contained herein, the Undersigned proposes to furnish the following,
which meet these specifications. List total cost for providing services below including, but not limited to, taxes,
insurance, certifications, trainings, supplies and cost of preparing this proposal.
Schedule A
Armed Security Guard Services, Law & Justice Center
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Straight Time Bill Rate, Before 7:45 AM or After 5:00 PM:
Hourly cost per person.
$ 26.50
Hourly
Wage Rate: $ 18.50
Hourly
$ 26.50
Hourly
Wage Rate: $ 18.50
Schedule B
Security Guard Services, Community Diversion Program
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Hourly
$ 24.50
Hourly
Wage Rate: $ 16.50
Hourly
Straight Time Bill Rate, Before 7:45 AM or After 5:00 PM: $ 24.50
Hourly cost per person.
Schedule C
ARMED Prisoner Watch Service
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
Please List if there is a minimum hour requirement 4
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM: Hourly
cost per person.
i Please List if there is a minimum hour requirement 4
Hourly
Wage Rate: $ 16.50
Hourly
47.50
Hourly
Wage Rate: $ $26.00
Hourly
$ 47.50
Hourly
Wage Rate: $ 26.00
Hourly
Phoenix Protective Corporation
RFP 12104P Armed Security Guard and Other Services
Page 89
Please List any additional cost associated with PRISONER WATCH services. Use
an additional sheet labeled PRICE FORM if more space is needed.
If a transport is needed, PPC can provide using a company or client provided
specially equipped vehicle. Rate per company provided vehicle listed.
$ 45.00
Hourly
$ .56/mile
Hourly
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 4 Wage Rate: $ 16.00-18.00
Hourly
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Cost For UNARMED EVENT SECURITY Service. Hourly cost per person. $ 27.00
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 16.00-18.00
Hourly
Straight Time Bill Rate — Regular Hours:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. $ 29.00
Hourly
Please List if there is a minimum hour requirement Wage Rate: $ 18.00-22.00
Hourly
Straight Time Bill Rate, Before 7:00 AM or After 6:00 PM:
Cost For ARMED EVENT SECURITY Service. Hourly cost per person. $ 29.00
Hourly
Please List if there is a minimum hour requirement 4 Wage Rate: $ 18.00-22.00
Hourly
Schedule D
Lock/Unlock Services
Straight Time Bill Rate — Regular Hours:
Hourly cost per person.
$ 32.00 ($8,00/locki
Hourly
Please List if there is a minimum hour requirement n/a Wage Rate: $ 18.00
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
Hourly
$32.00 (sii 00/lOckiunl
Hourly
Wage Rate: $ 18.00
Hourly
Phoenix Protective Corporation
RFP 12104P Armed Security Guard and Other Services
Page 90
OPTIONAL SERVICES
Please describe any optional services you might provide and cost for optional services i.e. mobile
patrol, unarmed building security, perimeter checks and vehicle patrols. If more space is needed,
please attach additional sheet.
PPC provides K9 IED and Narcotic detection services for jail/prison and events $ 65.00
CCTV/Remote Monitoring and Response $ 35.00
Armed Emerency Response (Workplace Violence Executive Protection $60.00-75.00
(depending on situation/details)
Phoenix Protective Corporation Page 91
RFP 12104P Armed Security Guard and Other Services
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.D.
For Meeting of: May 18, 2021
Resolution awarding RFP 12104P and authorizing an agreement
with PPC Solutions, Inc. for armed security guard and other
services
SUBMITTED BY: Susan Knotts, Buyer I I
Maria Mayhue, Purchasing Manager
SUMMARY EXPLANATION:
City of Yakima requires armed security guard services at the Richard A. Zais Law and Justice
Center and prisoner watch, security guard services for the Community Diversion Program for
Legal, and lock -up services and event security for Parks. This service is required to ensure the
safety of the public, staff, and property. Through a Request for Proposal (RFP) process, PPC
Solutions, Inc. was identified as a qualified provider of armed security guard services, with
service to commence upon award. This item consists of a Resolution authorizing the City
Manager to execute a new Armed Security Guard Services contract between the City of Yakima
and PPC Solutions, Inc.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Resolution to Award 12104P and Authorize Contract 5/3/2021
D Contract with PPC Solutions, Inc. 5/3/2021
D Exhibit A to the Contract 5/3/2021
D Exhibit B to the Contract 5/3/2021
D Recommendation of Award Memo 5/4/2021
Type
Resolution
Contract
Exhibit
Exhibit
Cover Memo