HomeMy WebLinkAbout25F - AGMT - SECURITY SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 21, 2017
TITLE;
AGREEMENT WITH INSURE PROTECTIVE
SECURITY FOR SECURITY SERVICES
FOR VARIOUS CITY EVENTS
(STRATEGIC PLAN NO. 5, 5C)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY;
❑ As Recommended
❑ As Amended
❑ Ordinance on let Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
Authorize the City Manager and Clerk of the Council to execute an agreement with Insure
Protective Security for Security Services for city- hosted events in the amount not -to- exceed
$45,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal
options for an amount not -to- exceed $45,000 per year, for a total amount not -to- exceed
$135,000, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been
working to bring together the elements needed to provide multiple city - produced events throughout
the year and recommends entering into agreements with various vendors to provide the necessary
equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city -
produced events.
The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community
and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and
visitors from Orange County and the Southern California region. The purpose of the events is to
celebrate through a safe, family - friendly event that includes: live entertainment, food booths,
informational /resource booths, merchandise /service booths; cultural exhibits and carnival
rides /games.
The City also hosts several other events such as the 4th of July celebration, Shakespeare in the
park and Plaza Navideha.
On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An
evaluation committee consisting of representatives from PRCSA, Planning and Building Agency,
and the Police Department was assembled. The group was divided and assigned one or more
services to evaluate the submitted proposals. The proposals were evaluated based on experience,
25F -1
Agreement with Insure Protective Security for Security
Services for various City events
March 21, 2017
Page 2
understanding, capacity and price. The city received one proposal for security services. City staff
including staff from the Police Department evaluated the proposal. Insure Protective Security has
provided security services for Cinco de Mayo and Fiestas Patrias since FY 2014 -2015. The
company has met their contractual obligations for the previous agreements. The City recommends
entering into an agreement with Insure Protective Security for security services.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement &
Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote
arts and culture by partnering with artist groups and merchants to hold events celebrating art in
public plazas, parks and other City - controlled open space).
FISCAL IMPACT
Funds are available in the following account for the specified years:
Unit
FY 16/17 FY 17/18 FY 18/19 FY 19/20
PRCSA- Recreation (no. 01113230 - 62300) $22,500 $45,000 $45,000
APPROVED AS TO FUNDS AND ACCOUNT:
Jeannie Jurado Francisco Gutierrez ke,
Acting Executive Director Executive Director YN
Parks, Recreation and Community Finance and Management Services Agency
Services Agency
EXHIBITS: 1. Agreement — Insure Protective Security
25F -2
AGREEMENT WITH IPS SECURITY, INC. TO PROVIDE
SECURITY SERVICES FOR VARIOUS CITY EVENTS
THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between IPS
Security, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ( "City").
RECITALS
A. The City desires to retain a contractor having special skill and knowledge in the field of
providing security services for City hosted events.
B. On January 18, 2017, the City issued a Request for Proposals for various event services.
C. The one proposal for security services was received from IPS which has competently
provided security services for various events for the past couple of years.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in this field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall provide security guard services for the City hosted events. Security plans
will be specific for individual events and the Contractor is expected to work with various City
departments, particularly the Santa Ana Police Department and Parks, Recreation and
Community Services Agency.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
Forty -Five Thousand Dollars ($45,000) for each annual term. The rates and charges
are identified in Exhibit A attached hereto and incorporated by reference. The total
sum to be expended wider this Agreement shall not exceed One Hundred and Thirty -
Five Thousand Dollars ($135,000) for the entire term of the Agreement, including
any renewals.
b. Payment shall be made within forty -five (45) days following receipt of proper invoice
evidencing work performed, subject to accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the
Recitals which may be expected by the City.
Page 1 of7
25F -3
3. TERM
This Agreement shall commence on March 21, 2017 and terminate on December
31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended for an additional two, one -year renewal options, by a writing
executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire tern of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting froin any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non - owned automobiles.
C. Worker's Compensation Insurance. hi accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
Page 2 of 7
25F -4
against liability for worker's compensation or to undertake self - insurance. Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
6. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
Page 3 of 7
25F -5
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the temis
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax: (714) 647 -6956
With copies to:
Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
Page 4 of 7
25F -6
Fax: (714) 571-4221
To Contractor: IPS Security, Inc.
6 Hutton Centre, Suite 600
Santa Ana, California 92707
Phone: 888 -315 -3319
Fax: 888 - 778 -4463
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, drily registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty -four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this
Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Contractor. The patties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any patty, which are
not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination, hr such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination.
Page 5 of 7
25F -7
13. NON - DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties fiirther
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fally set
forth in the body of this Agreement.
Page 6 of 7
25F -8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D.HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
LISA STORCK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JEANNIE JUARDO, Acting Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
GERARDO MOUET
Acting City Manager
CONTRACTOR
IPS Security, Inc.
Name:
Title:
Page 7 of 7
25F -9
EXHIBIT A
Dear City nfSanta,
IPS Security would like to thank you for taking the time to review our proposal, We take
pride in providing you with the maximum standard of service in the security and
protection industry. We look forward to the opportunity to work together to accomplish
your security and protection goals. Thank you again for reviewing the |PSSecurity
proposal.
David Sayed
President
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IPS Security is currently operating In both Northern and Southern California. IPS is
licensed with the Bureau of Security and Investigative Services, bonded, and fully
insured.
IPS can be described in two words: Honor and Integrity. They serve as guidance for all
of our employees. It's at the core of our company and the reason why we're able to
build trust with our clients. It's on the patch, which lies on the shoulders of every one of
our officers.
At IPS we run our operations on a client- centered model that allows us to deliver
responsive and reliable security services to our clients. This model is focused around
quality personnel, real time reporting, and customer service. In the next few pages we
will go more in depth into each of these areas.
IPS implements a strict recruiting and hiring process. Our step -by -step process not only
screens out unqualified candidates but also goes well beyond the industry norm to focus
on selecting only the best possible applicants. Our process identifies candidates who
posses important traits we believe are critical to both IPS and our client such as
honesty, integrity, and a strong customer service orientation suited to the culture and
operating environment of your establishment.
Our selection process includes:
- Experience
- Initial Interview
- Drug Screening
- Background Check
-- Guard Card License Verification
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25F -11
Unfortunately many of our competitors simply hire what we call in the industry a "body"
which is a person who is hired that has little to no experience, no drug screening, no
background check, and sometimes even no training or verification of a valid guard card.
This exposes both the security guard company and client to dangerous levels of legal
liability.
Our commitment to employee training and development is the foundation that the
quality of our security officers Is based on. All training is certified by the Bureau of
Security and Investigative Services and the California Association of Licensed Security
Agencies. Every new hire is required to complete the IPS training program. Our
professionally designed training classes help motivate employees, which results in
lower turnover, less absenteeism, and higher standards of performance. The curriculum
includes the following subjects:
• Administrative and Security Orientation
Legal Authority
Authority of the Security Officer
• Conflict Resolution
• Company Policy and Procedures
• Report Writing
• First Aid
CPR Certified (if required by contract)
Hazardous Material Recognition &
Procedures
• Public Relations
• Communications
• Protection of the Crime Scene
• Method of Patrol]Defensive Driving
• Fire Prevention
• Recognizing Safety Hazards
• Bomb Threat Recognition
• Rules of Evidence
• Uniforms and Equipment
T:888- 315 -3319 www.insureprobecdve.com
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25F -12
IPS Security is committed to using the most up to date technology to better serve our
clients. At IPS we use a custom real -time information gathering and incident
Reporting /Monitoring System Software that allows us to monitor and respond to real -
time issues, tasks, and incidents. We have essentially gone paperless. This means our
clients enjoy the benefits of receiving reports and updates about their establishment in a
fast and easy way in real time!
REAL f'NAE REPORTING
We provide our clients with the following reports: Daily Activity Reports, Incident
Reports, and Field Inspection Reports. Each of these reports is sent to you in real -time
via email using our Reporting /Monitoring System Software that is integrated with our
network and with smart phones which enhance these features with supporting audio,
video, and photos.
Gaily Activity Report: This report is taken by the on -site security officer and shows the
activity occurring at your establishment throughout each shift and has a focus on
proactive site management. Proactive site management includes for example, making
recommendations on maintenance related issues such as a burned out light, which may
generate an email to the maintenance staff.
Incident Report;. Different incidents trigger the on -site officer to write an incident report
after all of the facts and information is collected. This information potentially becomes
very helpful in legal disputes and usually is the difference between winning and losing a
court case. The information collected in this report details the WHO, WHAT, WHERE,
WHY, WHEN, and HOW of the incident. When needed the report also includes audio,
video, or photos.
Field Inspection Report: This report is taken by the Field Supervisor who makes
unannounced visits and conducts an inspection report of both the on -site officer and the
site. The inspection report ensures that the on -site officer is in proper uniform, has the
proper equipment, is well groomed, is aware of the standard operating procedures for
your establishment, etc. A photo is also taken of the on -site officer and is included in the
report.
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25F -13
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25F -14
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GPS Tracking:
The IPS Reporting /Monitoring System Software allows us to capture and record officer
positions and movement on your property as it happens. This allows you to confirm that
our patrols are conducted in accordance with the post orders. The patrol activity is
recorded in five - minute intervals and you may request hard copy tracking reports for any
given time and location.
RFID Monitoring:
The Reporting /Monitoring System Software we use allows us to replace traditional
guard tour systems and eliminates the need for separate computer downloads of
historical guard tour data. If RFID tags are not recorded by the officer while on tour or
during the specified time frame, our Reporting /Monitoring System will immediately notify
one of our supervisors. The Reporting /Monitoring System Software also has Geofencing
capabilities that define a perimeter around your property using GPS technology. The
times our officers arrive and leave your property will be recorded. Our
Reporting /Monitoring System will transmit an alert if an officer has not arrived on time or
has left your property for a designated period of time.
Rent Time GPS Tracking
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25F -15
CUSTOMER SERVICE
The clients we serve are our most valuable asset. Our dedication and commitment to
quality provides our clients with the best possible service available. Our staff has the
knowledge and experience to solve any problem and answer any question you may
have, as if you were the only client we serve. Anytime you call, our phone will be
answered promptly by a real person that can help you immediately.
IPS strives to add value to each of our client's establishments with Honor and Integrity.
RETAIL. / SHOPPING CENTER SECURITY
Due to the special security requirements for retail centers, IPS Security officers are
trained in conflict resolution, vehicle theft, vandalism, child endangerment, loss
prevention and cultural sensitivity. Our officers are highly visible and are expected to
interact with customers, tenants vendors, as well as work closely with law enforcement.
r a
The contract rate for security officers and related services will be discussed in the next
phase:
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25F -16