Linking Agreement - Universal Protection Services dba Allied Universal Security Services

City of Glendale — Regular Meeting (2021-09-14)

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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND

UNIVERSAL PROTECTION SERVICE, LP dba ALLIED UNIVERSAL SECURITY

SERVICES

THIS LINKING AGREEMENT (this “Agreement” is entered into as of this day of

September, 2021, between the City of Glendale, an Atizona municipal corporation (the “City”), and
Universal Protection Service, LP dba Allied Universal Security Services, a(n) California corporation
authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

On April 5, 2021 under S.A.V.E Cooperative Purchasing Agreement, the City of Mesa entered
into a contract with Contractor to putchase the goods and services. described in the Private
Security Guard Services Agreement Number 2021073 (“Cooperative Purchasing
Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement
pemmnits its cooperative use by other governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requitements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or neatly
identical, to the supplies or services Contractor is providing other units of government under
the Coopetative Purchasing Agreement. Conttactor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1.

Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, putchases can be made by governmental entities from the date of
award, which was May 1, 2021, until the date the contract expires on April 30, 2024 unless the
term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the
original contracting parties. The Cooperative Purchasing Agreement, however, may not be
extended beyond April 30, 2026. The initial period of this Agreement, therefote, is the period
September 15, 2021 until September 14, 2022. Glendale renewals are not automatic and shall

1/2/2020

only occur if the City gives the Contractor notice of its intent to renew. The City may give the
Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the
Effective Date to effectuate such renewal.

Scope of Work: Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed nine hundred thousand dollars ($900,000.00) for the entire
term of the Agreement (initial term plus any renewals).

Cancellation. ‘This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination, Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, watrants compliance with this section,

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Israel. To the extent A-R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined

in A.R.S § 35-393.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City

annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with ovetsight responsibility,

4/29/2021

10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:

City of Glendale

c/o Ileana Seward

5850 West Glendale Avenue, Suite 317
Glendale, AZ 85301

And

Universal Protection Service, LP dba Allied Universal Security Services
c/o Tad Garabedian

765 The City Drive South, Suite 150

Orange, CA 92868

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.

“City” “Conttactor”

City of Glendale, an Arizona Allied Universal Security Services,

municipal corporation a California corporation

By: _ By: am:
Kevin R. Phelps Name: Steve Claton
City Manager Title: President

ATTEST

Julie K. Bower (SEAL)

City Clerk

APPROVED AS TO FORM:

City Attorney

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ALLIED UNIVERSAL SECURITY SERVICES

EXHIBIT A
(City of Mesa Agreement Number 2021073)

4/29/2021

mesa-az

AGREEMENT PURSUANT TO SOLICITATION

CITY OF MESA AGREEMENT NUMBER 2021073
PRIVATE SECURITY GUARD SERVICES

CITY OF MESA, Arizona (“City”)

Depariment Name City of Mesa — — Purchasing Division
Mailing Address P.O. Box 1466.
: Mesa, AZ 85211-1466 _
Delivery Address 20 East Main St, Suite 450
. ‘Mesa, AZ 85201
Attention Kristy Garcia, NIGP-CPP, CPPO, CPPB
Procurement Supervisor
E-Mail Kristy.Ga) les
Phone (480) 644-5052

With a copy to: City of Mesa — Police Administration
Attn: Beth Thuringer, Management Assistant |
P.O. Box 1466
Mesa, AZ 85211-1466
Beth. Thurinaer'@MesaAZ.aov

AND

UNIVERSAL PROTECTION SERVICE, LP dba ALLIED UNIVERSAL SECURITY SERVICES,
("Contractor")

" Mailing Address 7776 §, Pointe Parkway West, Suite 290
Phoenix, AZ 85044
Remit to Address PO, Box 31001. |-2374
Pasadena, CA. "91110-2374
Attention Stephanie ¢ Switz, Business Development Manager
E-Mail si i .!

Phone (480) 320-0928
Fax (480) 464-4659

2021073 Agreement — Allied Universal
Page 4 of 35

CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION

This Agreement pursuant to solicitation {‘Acreement’) is entered into this 5th day of April 2021, by and
between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and Allied Universal Security
Services, a California company (“Contractor”). The City and Contractor are each a ‘Party’ to the Agreement
or fogether are “Parties” to the Agreement.

RECITALS

A. The City issued solicitation number 2021073 (‘Solicitation’) for PRIVATE SECURITY GUARD
SERVICES, to which Contractor provided a response (“Response”); and

B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response.

In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.

TERMS & CONDITIONS

1. Term, This Agreement is for a term beginning on May 1, 2021 and ending on April 30, 2024. The use
of the word “Term” in the Agreement includes the aforementioned period as well as any applicable
extensions or renewals in accordance with this Section 1.

1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up toa
maximum of two (2) years. Any renewal(s) will be a continuation of the same terms and
conditions as in effect immediately prior to the expiration of the then-current term.

1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City’s sole discretion this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s
Procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor In writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.

2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit
A (‘Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If
set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work,

The Agreement is based on the Solicitation and Response which are hereby incorporated by reference
into the Agreement as if written out and included herein. In addition to the requirements specifically set
forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shail perform in
accordance with all terms, conditions, specifications and other requirements set forth within the
Solicitation and Response unless modified herein.

3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement

2021073 Agreement - Allied Universal
Page 2 of 35

4. Document Order of Precedence. |n the event of any inconsistency between the terms of the body of
the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control
in the following order.

a. Agreement

b. Exhibits ;
1, Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above

c. Solicitation including any addenda

d. Contractor Response

§. Payment.

5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B (“Pricing”) in consideration of Contractor's performance of the Scope of
Work during the Term.

§.2 Prices. All pricing shall be firm for the annual Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
Providing the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.

The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.

No price modifications will be accepted without proper request by the Contractor and response
by the City’s Purchasing Division.

5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in Providing the
services/materials under the Agreement. If the City agrees to the adjusted price terms, the City
shall issue written approval of the change.

During the sixty (60) day period prior to annual Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve (12) month change in the Producer Price Index for
PCU561612 Security quards and patrol services, Not Seasonally Adjusted as published by
the U.S. Department of Labor, Bureau of Labor Statistics (htte:/Avww.blis.cov/: sifhome.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld.

5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing
as the initial Term. {f the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
adjustment along with appropriate supporting documentation demonstrating the cost to the
Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section. There is no guarantee the City will accept a price
adjustment.

2021073 Agreement — Allied Universal
Page 3 of 35

5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding billing
or invoicing must be directed to the City Department/Division requesting the service or material
from the Contractor. A properly completed invoice should contain, at a minimum, all of the
following:

Contractor name, address, and contact information;

City billing information;

City contract number as listed on the first page of the Agreement:
Invoice number and date;

Payment terms;

Date of service or delivery;

Description of materials or services provided;

If materials provided, the quantity delivered and pricing of each unit;
Applicable Taxes;

{f applicable, mileage or travel costs; and

Total amount due.

aTose so ao oo

5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use @ Credit Card/Procurement Card to make payment for orders under the Agreement with
no additional charge/fee. Otherwise, payment will be through a traditional method of a check.

5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for
materials/service not in accordance with the Agreement, the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.

6. Insurance.

6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will include the City of Mesa, its agents,
representatives, officials, volunteers, guards, elected officials, and employees as additional
insured, to the extent of the Contractor's indemnification obligations under this Agreement and
up to the required insurance coverage amount, as evidenced by providing either an additional
insured endorsement or proper insurance policy excerpts. The additional insured endorsement
fo each such policy shall cover the foregoing parties as additional insureds where required by
written contract.

6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.

6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.

2021073 Agreement — Allied Universal
Page 4 of 35

6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement...

6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate “ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.

6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.

6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
guards, elected officials, and employees for any claims arising out of the work of Contractor.

6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City’s Risk Management Division.

6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:

6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. |f employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.

6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, guards, elected
officials and employees shall be included as additional insureds, to the extent of
the Contractor's indemnification obligations under this Agreement and up to the
required insurance coverage amount. The additional insured endorsement to such
policy shall cover the foregoing parties as additional insureds where required by
written contract.

6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non-owned autos.

6.9.4 Professional Liability (Errors and Omissions Liability), the Contractor shall maintain
at all times during the term of this contract, a minimum amount of $1 million per
occurrence Professional Liability insurance.

7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
netice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.

2021073 Agreement — Allied Universal
Page 5 of 35

10.

41.

12,

13.

14.

15.

Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.

Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:

a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;

b. Performance of the services called for by the Agreement do not and wilt not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;

c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and

d. Contractor has not entered into and wilt not enter into any agreement, whether oral or written,
in conflict with the Agreement.

Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms
and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.

Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.

Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.

Exhibits to this Agreement are the following:

(A) Scope of Work

(B) Pricing

(C) Mesa Standard Terms and Conditions
(D) Special Terms and Conditions

(E) Federal Certifications

Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.

Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.

Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.

2021073 Agreement — Allied Universal

Page 6 of 35

By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms

of the Agreement and the attached exhibits.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

CITY OF MESA, ARIZONA

Digitally signed by Edward Quedens
DN: cn=Edward Quedens, o=Ctiy of
‘Mesa, Arizona, ou=Business

Bote 2021.04.06 07:06:37 -07°00'
Adobe Acrobat version:
2020.013.20074

Printed Name

Title

Date

ay ie BY:

By: A situ Hau Hakcir :

Rei Garcia, NIGP-CPP, CPPO, CPPB
Procurement Supervisor

2021073 Agreement — Allied Universal

ALLIED UNIVERSAL SECURITY SERVICES

Steve Claton_
Printed Name

President 0
Title
Date

Page 7 of 35

EXHIBIT A
SCOPE OF WORK

1. INTENT: Contractor shall provide unarmed and vehicle patrol security for various City of Mesa
(City) departments and locations.

2. SCOPE OF WORK: Contractor shall provide security guard services to the following facilities:
Mesa Arts Center, Arizona Museum of Natural History, Clty of Mesa Main Library, Downtown
Customer Service Center, a Downtown Mesa Daytime Mobile Patrol, and the East Mesa Customer
Service Center. All work performed under this Agreement will fall under the category of general
security service; however, hours and duties may vary according to location. This Agreement is for
physical security services only; no electronic security services are being requested. In addition,
Contractor will be responsible for the provision of a 4-seat or larger street legal golf cart Style vehicle
to be used in the mobile patrol and one 6-seater for shuttle services as needed between City
buildings and parking structures.

Special Event Security: The City hosts several special events/festivals throughout the year to
include the Arizona Celebration of Freedom — Independence Day event (July), Merry Main Street
Festival (Nov/Dec), Falcon Field Open House (Mar), East Valley Martin Luther King Jr. Parade and
Festival (Jan). Other special events may be scheduled throughout the year as needed and includes
events such as Grand Openings, Groundbreaking events, or State of the City, etc.

Single Use special event Security Guards will be required prior to event day and day of event.
Various event coverage could include nights, weekends, and various hours, and multiple guards to
provide adequate coverage. Guards generally needed range between 1-50 guards and will work
between 5-12 hours per shifi depending on event.

Security services resulting from this award shall not include light rail (Metro) security services but
will require interaction and teamwork with Metro security administration and personnel.

Reauired Coverace by location:

The Contractor shall provide additional Security Guards to perform security services at other City
facilities or locations where protection is deemed necessary by the Contract Administrator or
designee, at no increase in the hourly billing rates. Additional service sites may be added or
deducted as needed at the same billing rates.

The City is currently utilizing a total of fourteen (14) full time Security Guards in the following
locations:

2021073 Agreement ~ Allied Universal
Page 8 of 35

Location

Mesa Arts Center
One E. Main St.
Mesa, AZ 85201

' Mesa Arts Center
One E. Main St.
| Mesa, AZ 85201

City Main Library
64 E. 1°! St.
Mesa, AZ 85201

Red Mountain Branch
Mesa Public Library
635 N. Power Rd.
Mesa, AZ 85205

Shift

Two (2) Guards fram 0600 to 0100
Wednesday through Sunday. Two (2)
Guards 0700 to 1800 on Monday and

Tuesday.

Various event coverage
primarily on nights and weekends

Monday through Thursday and

Two (2) Guards from 1000 to 1800

Monday through Thursday
One (1) Guard from 0830 to 1730
Friday and Saturday
Two (2) Guards from 1000 to 1700 Friday
and Saturday _
One (1) Guard from 0830 to 2030 on

Monday through Thursday and

One (1) Guard from 0830 to 1730 Friday
and Saturday

Arizona Museum of Natural
History
53 N. MacDonald St.

_ Mesa, AZ 85201

i.d.e.a. Museum
150 W. Pepper Place
Mesa, AZ 85201

Downtown Customer Service
Center
56 N. Center St.
Mesa, AZ 85201
East Mesa Customer Service
Center
6935 E. Decatur St.
_Mesa, AZ 85207

Downtown Mesa Mobile Patrol —

20 E. Main St.
Mesa, AZ 85201

Employee Shuitle Service
20 E Main St.

Mesa, Az 85201

Special Events

Various Locations

Account Manager

One (1) Guard from 0930 to 1730 on
Tuesday through Friday and

One (1) Guard on Saturday from 1030 to
1730 and Sunday from 1230 to 1730
One (1) Guard Tuesday, Wednesday,
Thursday, Saturday 0830 to 1630 and

One (1} Guard Friday 0830 to 1830 and
One (1) Guard Sunday 1130 to 1630

One (1) Guard from 0630 to 1830
Monday through Thursday

One (1) Guard from 0730 to 1230 Friday

One (1) Guard from 0630 to 1830
Monday through Thursday

One (1) Guard from 0800-1900
Monday through Thursday
And one (1) golf cart

| One (1) Guard Monday through Thursday

from 0900 to 1900
And one (1) golf cart

| Various event coverage to include, days, _

nights, weekends, and holidays. One (1)
— fifty (50) ouards.
One (1) full-time Account Manager This
position is in addition to the above
required coverage

Weekly hourly total

234*

100*

112"

66*

44*

47*

53

48

40

40

100

40

*Please note the hours listed are based on City locations being fully open and operating. Due to
COVID-19 restrictions some City locations will not be fully open until late 2021 or early 2022.

2021073 Agreement ~ Allied Universal

Page 9 of 35

4.

iv.

MANDATORY MINIMUM REQUIREMENTS: Contractor shall meet all minimum requirements and
submit documentation that clearly demonstrates compliance.

a. Contractor must possess a current agency license authenticated by the Arizona Department of
Public Safety authorizing Contractor to conduct the business of private Security Guard service
pursuant to Title 32, Chapter 26, Security Guards. Contractor shall be licensed, and license
shall remain in good standing for the entire term of the contract.

b. Contractor must demonstrate prior municipality or government experience and have conducted
business within the Phoenix metropolitan area for a minimum of three (3) years.

c. Contractor must have and maintain full time company representation located in the Phoenix
metropolitan area with the ability and authority to address all contract issues that may develop.

d. Contractor shall pay the minimum hourly pay rates for assigned security guards and
supervisors that equal or exceed the minimum hourly pay rates identified in the Agreement.
Additional mark-up is allowed to cover profit and overhead.

®. All proposed fees must be all inclusive with no additional fees or administrative charges beyond
what is offered on the attached Pricing worksheet. Hourly bill rate shail include healthcare, paid
sick leave, vacation, training, drug-screening, uniforms, etc.

PERFORMANCE REQUIREMENTS AND MEASURES:

Employee Identification and Work Apparel. The Centractor’s employees shall maintain proper
work apparel at all times while on City property. Contractor shall ensure all employees wear
company uniforms mutually agreed upon by the Contractor and the City. The Contractor is
responsible for furnishing these uniforms. Contractor shall also be responsible for providing
badges and Identification nametags. Employees shall maintain a professional demeanor and
show respect to other personnel at the work site. Employees will be dressed appropriately for the
work with badges and uniforms that identify them as employees of the Contractor.

i. Employee Contact Information. It is the City’s desire to have available an email address and phone

number for each permanent guard placed at the City. This allows communication via email, text,
or phone call to contact and communicate with a Guard when needed.

Employee Qualifications. Contractor shail be responsible for hiring, training, and supervision of
all Guards assigned to the City. This will include ensuring that all Guards have a Security Guard
License (guard card) and are CPR/AED Certified. In addition, Contractor shall work with City
Contract Administrator to develop site specific post orders and ensure that Guards are trained on

these orders.

. Guard Duties. The duties of Guards shall include, but not be limited to:

1. Provide general surveillance of exterior and interior areas of City facilities and
property.

2. Provide proper locking and unlocking of buildings, gates, and other areas in
accordance with site-specific post orders.

3. Patrol particular areas at specific times.

4. Attend to persons requiring routine and emergency assistance,

5. Provide personal safety escorts as needed.

6. Provide a visible security presence.

7. Monitoring employees, visitors and suppliers seeking entrance in a manner consistent
with City procedures.

8. Small to very large special events requiring security services.

9. Where applicable, screening persons, bags, parcels, and packages entering City

facilities or City events for the presence of weapons, explosives, hazardous material

2021073 Agreement — Allied Universal

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or other contraband as identified by the Contract Administrator. Screening may involve
the use of X-ray machines, walk thru or hand-held magnetometers as well as visual
inspections of property and vehicles.

10. Perform other duties consistent with security requirements.
11. Completion of shift activity fogs at the end of each shift and submission of those logs

to the City Contract Administrator or designee.

b. Special Event Guard Duties. In addition to the above Guard Duties, the duties of Guards at

special events shall include, but not be limited to:

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Securing the premises against unauthorized entry.

Scanning tickets at the front gate.

Conducting appropriate security checks (including bag checks) of patrons upon
entering. Including but not limited to wanding and wrist banding.

Checking ID and wrist banding for alcohol sales.

Providing security guards sufficient for monitoring event to prevent and address
behavioral issues, including, but not limited to:

Underage drinking

tllegal drug use

Fighting

Blocking aisles

Harassing other patrons or staff

Rowdy or unruly behavior

Preventing access to restricted areas.

ParkIng Control Attendants and lot security.

Overnight security as needed for multi-day events and/or events with load-in or load-
out on @ separate day.

Providing event security staff with adequate training and appropriate equipment
(uniforms, radios, etc.).

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10. Providing a means of communication with venue staff at all events.

c. Weapons, All posts and services performed under the scope of this Agreement shall be by
unarmed security guards. On-site guards shall not be in possession of, or carry any weapon,
untess mutually agreed upon by the Contractor, the City Contract Administrator, and the Mesa
Police Department.

d, Experience. All full-time permanent guards assigned to this account must have prior military,
law enforcement, or Department of Corrections (DOC) experience. Any account manager must
have previous supervisory experience in a military or law enforcement capacity. It will be at the
City’s option to waive this requirement depending on City location and need at the time of
placement.

i, Any “single-use” special event support staff officer shall not be required to have prior
military, law enforcement, or DOC experience.

5. CONTRACTOR'S ACCOUNT MANAGER REQUIREMENTS: The Contractor's Account Manager

must be capable of performing the following administrative tasks and functions in coordination with
the City's Contract Administrator. The City will provide an on-site office location to be used by the
account manager.

a. Communication requirement:
1) Ability to listen, mediate and effectively resolve issues;
2) Communicates with City employees, management, community organization, public
Officials, and general public;
3) Conduct security and/or safety related training sessions;
4) Prepares clearly written documents.

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b. Manual/Physical requirement:
1) Operates variety of standard office equipment to communicate, prepare reports, and
tabulate data;
2) inspects, monitors and/or evaluates information, work related conditions;
3) Meets scheduling and attendance requirements.

c. Mental recuirement:
1) Plan, organize and develop security and safety policies and procedures;
2) Maintain Safety Manual and Disaster Preparedness Program;
3) Resolve procedural, operational, personnel and other work related problems regarding

security and safety.

d. Knowledce of:
1) Security and safety procedures and practices;
2) Procedures, equipment and safety hazards common to security work;
3) Principals of security and fire alarm system design;
4) Computer applications relating to security systems;
5) Industry standards and technological improvements in security and audio/video monitoring
equipment;
68) Crowd management;
7) Emergency management concepts;
8} Budgeting and contract administration;
9) Supervision including interviewing, hiring, and termination skills.

e. Ability to:
1) Maintain records of operations and activities;

2) Develop security and safety training programs;

3) Implement disaster recovery plans;

4) Present facts clearly and concisely both verbally and in writing to individuals and groups;
5) Supervise Private Security staff,

8) Establish and maintain effective working relationships.

6. COMMUNICATIONS SKILLS: It is important that the Account Manager and Guards assigned to
this Agreement be proficient in the English language to receivetransmit instructions, to
communicate with the patrons and City staff. Security guards must write English in order to prepare
written incident reports.

7 PAYMENT AND REPORTING: Contractor shall provide pay that equals or exceeds the minimum
hourly pay rates for assigned Security Guards and Supervisors as follows:

Regular time — Standard Security Guard Wage — minimum $16.00/hour
Over time — Standard Security Guard Wage — minimum $24.00/hour
Regular time — Special Event Security Guard Wage — minimum $13.00/hour
Over time — Special Event Security Guard Wage — minimum $19.50/hour
Regular time — Account Manager Wage — minimum $33.00/hour

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The Contractor shall be required to invoice the City on a monthly basis. Invoices are to be
submitted on or before the 10th of each month for the precedina month. Payment will be made on
a monthly basis within thirty (30) working days after receipt of an itemized invoice from the
Contractor and acceptance by the City. At the City's request, the Contractor shall submit copies of
payroll reports. Payroll reports shall include names of employees, hours worked, days worked,
location worked, and classification for each employee. The amounts invoiced shall be those agreed
upon by this Agreement or by an amendment/change order to the Agreement. The hourly rate
shall include all labor, insurance, uniform, overhead, profit, and any other incidental costs to
perform the contracted service.

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8. CONTRACTOR'S GOLF CARTS: Contractor will be required to provide necessary golf carts for
patrols and/or events. Offeror shall provide a daily cost to provide an appropriate vehicle for use
in performing the patrol functions outlined in this Agreement. The cost shall include all cost
necessary to operate and maintain the vehicles used in the contract to include licensing, insurance,
fuel, maintenance, etc. Contractor shall operate and maintain the vehicles in accordance with all
applicable laws and regulations of the State of Arizona and the City.

9. CITY HOLIDAYS: The City has nine (9) fixed Holidays. The City will only authorize
Holiday/Overtime pay rates should Security Guard be required on City recognized holidays.
Holidays are as follows:

New Year's Day

Martin Luther King Jr. Day

Presidents Day

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day and Friday after Thanksgiving
Christmas Day

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EXHIBIT B
PRICING

Pursuant to all the contract specifications enumerated and described in this Agreement, Contractor agrees to furnish Private
Security Guard Services to the City of Mesa at the price(s) stated below.

Zz oO OO Estimated OY
Item No. Description Weekly | Hourly Rate | Markup % Bitable
| Hours 7
4 Standard Security Guard - Regular Time 680 $ 16.00 37.2% | $ 21.95
2 Standard Security Guard - Overtime 10 $ 24.00 37.2% $ 32.93
3 Account Manager - Regular Time 40 $ 33.00 37.2% $ 45.28
4 paren Security Guard - Mobile Patrol 80 $ 16.00 37.2% $ 24.95
———— — =
Estimated
| Item No. Description Weekly
| Hours
5 One (1) 4-seat Golf Cart Rental for Mobile 40 $
Patrol Unit
6 One (1) 6-seat Golf Cart Rental for Shuttle 40 $
Services
| a Billable
Item No. Description Annual Hourly Rate | Markup %
) Rate
Hours
| 7 Standard Security Guard - Holiday Time 60 $ 24.00 37.2% $ 32.93
B Special Event Security Guard - Regular 400 $ 43.00 37.2% $ 17.84
9 Special Event Security Guard - Overtime 10 $ 19.50 37.2% $ 26.75
——————E
40 areca Event Security Guard - Holiday 40 $ 49.50 37.2% $ 26.75
a . —

2021073 Agreement — Allied Universal

Page 14 of 35

Estimated

item No. Description Annual Daily Rate
| Hours
i } —
Golf Cart Rental for Special Events as
41 needed 150 $ 16.08
7 Estimated | Price Per
Item No. | Description Number of | Unit / Per
| Officers Week
12 ot Camera per Officer 14 | $ 10.80

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Bill rates not inclusive of sales tax, per solicitation Attachment A request.
Overtime requests with less than 48 hours’ notice to be billed at the overtime rate.
Holiday hours worked billed at the holiday rate.

If requested, each HELIAUS unit will be direct billed at $150/month.

The rate provided herein reflects a year one rate. Pursuant to the Agreement, Contractor shall be afforded the ability

to request an annual fate increase based on the increase in the PPI, provided substantiating documentation
presented to City in a timely manner. Said increase shall not be unreasonably withheld.

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EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS

41. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, heaith benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.

2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.

3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right, at its option, to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.

4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.

5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
Parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.

6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.

7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.

8. TIME OF THE ESSENCE. Time Is of the essence to the performance of the parties’ obligations
under this Agreement.

9. COMPLIANCE WITH APPLICABLE LAWS.

a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary
and incidental to the lawtul conduct of business. Contractor must stay fully informed of existing
and future federal, state, and local laws, ordinances, and regulations that in any manner affect
the fulfillment of this Agreement and must comply with the same at its own expense. Contractor
bears full responsibility for training, safety, and providing necessary equipment for all
Contractor personnel to achieve compliance throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.

b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a pollcy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of ail persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified

2021073 Agreement — Allied Universal
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