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4.16 4.16 SERVICES\Request for Proposals—ACCEPT—Security Services—US Security Associates—8-20-18 RESOLUTION AUTHORIZING ENGAGEMENT OF U.S. SECURITY ASSOCIATES, INC., FOR UNARMED SECURITY SERVICES AT TOWN OFFICE BUILDING RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS SECONDED BY: WHEREAS, the Town of Queensbury's Budget Officer and/or Purchasing Agent requested proposals for Unarmed Security Services (Services) at the Town Office Building, and WHEREAS, the Budget Officer and Purchasing Agent have received and reviewed the proposals and have recommended that the Town Board authorize engagement of U.S. Security Associates, Inc., for such Services as delineated in U.S. Security Associates, Inc.'s 8/14/18 "Security and/or Patrol Service Agreement"presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of U.S. Security Associates, Inc., for the provision of Unarmed Security Services as generally delineated in U.S. Security Associates, Inc.'s 8/14/18 Security and/or Patrol Service Agreement presented at this meeting, such Services to be paid for from the appropriate account(s) to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Security and/or Patrol Service Agreement with U.S. Security Associates, Inc., substantially in the form presented at this meeting and/or any other needed documentation, and the Town Supervisor, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20ffi day of August, 2018,by the following vote: AYES NOES ABSENT: 2 SECURITY AND/OR PATROL SERVICE AGREEMENT Safe.Secure.Friendly.' State Minimum Wage:$10.40 Date: 8 14 118 Average Fuel Price:$ $3.002 Hours of Service Per Week:42+/- THIS SECURITY AND/OR PATROL SERVICE AGREEMENT(this"Agreement"), is effective as of the date last signed below(the"Effective Date") by and between Town of Queensbury (CLIENT) with an office located at 742 Bay Road, Queensbury, NY 12804 and U.S. SECURITY ASSOCIATES, INC., ("COMPANY")with an office located at 200 Mansell Court,Suite 500, Roswell, Georgia 30076. CLIENT and COMPANY are each a"Party"and together,the "Parties". COMPANY is in the business of providing security and/or patrol services and CLIENT desires to receive security and/or patrol services from COMPANY. In consideration of the promises and covenants contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged,the Parties agree as follows: COMPANY will provide, and CLIENT will pay for, security services as set forth herein and as stated in the Request for Proposals attached hereto and incorporated herein subject to the following Terms and Conditions of this Agreement. Service will commence on: ( I (the"Commencement Date')and will continue until terminated as provided for in the Terms and Conditions of this Agreement. Job Site Address: 742 Bay Road Queensbury NY 12804 Street Address City State Zip Contact Name: Barbara Tierney Phone No: 518-761-8200 PATROL HOURS,PATROL DUTIES AND/OR ADDITIONAL INFORMATION: BILLING RATES: Rank: Security Officer Straight Time: $27.91 Overtime Rate: N/A Holiday Rate: $41.86 Holiday rates will apply to work performed on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day,Thanksgiving Day,Christmas Eve Day, and Christmas Day. P3 Mobile Cost/Month $ Patrol Cost/Month $ Healthcare Cost/Month $ Vehicle Cost/Month $ U.S. SECURITY ASSOCIATES INC.* COMPANY CLIENT Authorized Representative Signature of Servicing Officel Date Authorized Representative Signature I Date Joseph Lo Bianco Group President Authorized Representative Printed Name Title Authorized Representative Printed Name Title 261 Old York Road, Suite 711 PA 19046 Address State Zip Code Address State Zip Code 215-885-8402 215-885-8400 Telephone Fax Telephone Fax 575 Branch No. Facility No. `This business is licensed by the NY Dept.of State,Division of Licensing Services. US FORM 120-1 (Standard—06/19/18) Paqe 1 of 2 TERMS AND CONDITIONS 1.SCOPE OF SERVICES:This Agreement and written schedule of guard assignments,patrol inspections,and post orders,which collectively set forth the Security Services to be performed,may be changed with the written approval of COMPANY.Any amendments to this Agreement must be in writing and signed by authorized representatives of the Parties hereto. If there is any conflict between the terms of any other documents and these Terms and Conditions,these Terms and Conditions will control. 2.PAYMENT TERMS:CLIENT will be invoiced monthly.PAYMENT OF INVOICES ARE REQUIRED TO BE MADE WITHIN 30 DAYS OF THE INVOICE DATE.A 1.5%PER MONTH SERVICE CHARGE(18%PER ANNUM)WILL BE APPLIED TO INVOICES AFTER 30 DAYS.CLIENT is responsible for all fees associated with credit card payments.Billing rates may be adjusted or overtime charged when the cost of providing service increases because of changes in laws or regulations,including but not limited to the following: government legislation or assessments, collective bargaining agreements, changes in job assignments or job duties, natural disaster or severe weather or for other reason not within the COMPANY's control.The term of this Agreement shall be one(1)year with four(4)annual extensions.Additionally,contracted rates will be negotiated upon each yearly extension. 3.EMPLOYEES:The Parties acknowledge and agree to the following with regard to COMPANY employees: a)COMPANY employees providing the services herein described will be assigned without regard to race,age,color,creed,sex,national origin,handicap conditions,and/or covered veteran status,and/or other status for which employees are protected in their terms and conditions of employment by Federal,state or municipal law,or by executive orders and regulations governing the conduct of contractors with Federal,state or municipal governments and COMPANY will pay all wages and applicable employment taxes and maintain Workers Compensation for all its employees. b)CLIENT warrants and represents that it will provide and maintain safe working conditions for COMPANY personnel assigned to CLIENT's facilities in accordance with applicable laws and regulations. CLIENT acknowledges that COMPANY personnel are invitees to CLIENT's property and CLIENT will adequately protect such COMPANY personnel from sustaining personal injury or property damage. 4.HIRING:CLIENT agrees that it will not,directly or indirectly,hire or employ any COMPANY employee assigned CLIENT while such employee is employed by COMPANY or for one year thereafter.CLIENT acknowledges that the COMPANY has incurred considerable expense in hiring and training its employees in security operations,and if CLIENT or its agents hire a COMPANY employee either during the term of the contract or within one year after the employee has ceased employment with the COMPANY,CLIENT will pay COMPANY, as liquidated damages,$2,500 per employee or former employee so hired. 5.INDEMNIFICATION:The Parties agree to the following indemnification provisions and limitations on liability: a)COMPANY will indemnify, defend,and hold CLIENT harmless from and against any claim arising from COMPANY's performance of the services under this Agreement(the "Claim"),but only to the extent the Claim is caused by the negligence of COMPANY,its employees or agents while acting within the scope of their duties and authority.In no event will COMPANY's liability exceed one million dollars($1,000,000).Additionally,CLIENT agrees that COMPANY is not an insurer and that the amounts payable hereunder are based upon the value of services provided and not the value of CLIENT's interest being protected or the property of CLIENT or of others located on CLIENT's premises. Accordingly, COMPANY makes no representation,express or implied,that its services will prevent any loss or damage. b)NEITHER PARTY WILL BE LIABLE FOR LOSS OF BUSINESS OR PROFITS, PENALTIES, OR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR LIQUIDATED DAMAGES. 6.FORCE MAJEURE:Neither Party will be liable,nor will it be a breach of this Agreement,in the event that either Party is delayed in performing or is unable to perform its obligations hereunder because of any act of God,accident,fire,strike or other labor dispute,riot or civil insurrection,act of public enemy,terrorist act,war,order or act of government,or any other cause beyond the reasonable control of the Parties hereto;provided that,in order to be excused from such delay or failure to perform was not caused by the negligence of the non-performing Party. 7.HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS:CLIENT agrees that it will a)comply with OSHA Hazard Communication Standards and will indemnify,defend and hold COMPANY harmless from all Claims,including injuries to COMPANY's employees arising out of a condition existing at CLIENT's premises or CLIENT's violation of any safety or health-related law or regulation;b)make available to COMPANY the Material Safety Data Sheet for each hazardous chemical to which COMPANY's employees may be exposed at CLIENT's premises;and c)inform COMPANY of(i)precautionary measures that need to be taken to protect COMPANY's employees and(ii)CLIENT's hazardous material labeling system. 8.INSURANCE:CLIENT agrees that it will maintain insurance to fully protect CLIENT against loss of damage to its premises,business,and property,and others'property on CLIENT's premises.COMPANY agrees to maintain insurance naming the CLIENT as an additional insured in the following types and limits: a. Bodily injury liability insurance in amounts not less than$1,000,000(one million dollars)for injuries,including wrongful death,to any one person(s)and$2,000,000(two million dollars)aggregate. b. Property damage liability insurance in an amount of not less than$1,000,000(one million dollars)for damages on account of any one occurrence. C. Combined single limit of liability in amounts of$1,000,000(one million dollars)per occurrence and$2,000,000(two million dollars)aggregate. d. Excess Umbrella Coverage,Occurrence and Aggregate of$5,000,000(five million dollars). 9.ADDITIONAL LOCATIONS:Except for the Job Site Address,Billing Rate,Additional Charges,Additional Holidays,Additional Information and Commencement Date indicated on the other side of this Agreement,as well as such other terms as may be mutually agreed to in writing between the Parties,each of the terms and conditions contained in this Agreement will be applicable to any additional locations of CLIENT serviced by COMPANY after the date of this Agreement. 10.AUTHORITY:This Agreement will not become binding on the COMPANY until executed by an authorized COMPANY manager. 11.TERMINATION:Either Party may terminate this Agreement at any time for any reason or no reason with ninety(90)days'written notice of termination,delivered to the other Party in accordance with this Agreement. 12.MISCELLANEOUS:This Agreement is to be governed under the law of the state of its performance.The Parties intend every provision of this Agreement to be severable. If any part of this Agreement is not enforceable,the remaining provisions will remain valid and enforceable.The services provided under this Agreement are solely for the benefit of CLIENT, and neither this Agreement nor any services rendered hereunder confer any rights on any other Party as a third-Party beneficiary or otherwise.CLIENT agrees that COMPANY is not an insurer and that the amounts payable hereunder are based upon the value of services provided and not the value of CLIENT's interest being protected or the property of CLIENT or of others located on CLIENT's premises. Accordingly,COMPANY makes no representation,express or implied,that its services will prevent any loss or damage.Notice of any Claim or potential claim arising out of or relating to this Agreement must be given to COMPANY at the addresses set forth in section 15 within thirty(30)days following the date of occurrence giving rise to such Claim or potential Claim.A waiver by either Party of any terms or conditions of this Agreement in any instance will not be deemed or construed to be a waiver of such term or condition in the future,or of any subsequent breach thereof.Section and other headings in this Agreement are for reference only and do not affect the meaning or interpretation of this Agreement. 13.ENTIRE AGREEMENT:This Agreement constitutes the entire agreement and understanding between the Parties,and no representations,inducements,promises or agreements not embodied herein are of any force or effect. 14.NOTICES:Any notice hereunder is required to be in writing and effective upon receipt if sent by certified or registered mail to the receiving Party's address for notices as follows: COMPANY:U.S.Security Associates,Inc.,200 Mansell Court,Suite 500,Roswell,Georgia 30076,Attn:General Counsel.CLIENT:CLIENT's address as specified in the signature block. US FORM 120-1 (Standard—06/19/18) Pape 2 of 2 Request for Proposals for Unarmed Security Services at Town of Queensbury Town Office Building The Town of Queensbury (Town) is seeking requests for proposals "RFP"for security services at their Town Office building, located at 742 Bay Road, Town of Queensbury, NY. All proposals are due no later than Friday,June 15, 2018 at 2:00 p.m. Please send to Joanne Watkins,Town of Queensbury,Town Office, 742 Bay Road, Queensbury, NY 12804. Please include letters of reference from three (3) businesses for whom you have provided similar services. Questions may be directed to Barbara Tierney by email at barbarat@queensbury.net or in writing to Barbara Tierney, 742 Bay Road, Queensbury, NY 12804. All questions must be submitted in writing to barbarat@queensbury.net no later than June 13th, 2018 at 2:00 p.m. Contract term 1.Two (2)years with the Town option for yearly renewal. 2. A one-year contract extension may be granted at the option of the Town of Queensbury, by written request, ninety days prior to the expiration of the contract. 3. Cancellation of the contract by either party outside of expiration must be in writing at least one hundred and twenty (120) days in advance. 1. Basic Services 1.1.The Vendor shall furnish unarmed, uniformed guard services for the protection of the Town Office building, per the attached Exhibit-A "Locations and Schedule". 1.2.The Vendor will be capable of performing the functions required by this RFP 1.3.The Vendor shall forward calls for emergency and contact the appropriate emergency personnel. 1.4.The Vendor shall perform all work in accord with the requirements of the Town of Queensbury and New York State laws with regard to the operation of security guard business. 1.5.The Vendor shall provide the names, addresses and resumes of all security guards employed by the Vendor including the resumes of principals of the firm. Guards will have a minimum of five (5) years experience in law enforcement and/or corrections. 1.6.The Vendor will,when necessary set/reset burglar alarms throughout the campuses 1.7.The vendor will be provided with the appropriate number of keys to lock/unlock areas as required 2. SCOPE OF WORK 2.1.The Vendor will provide trained, unarmed, appropriately screened security personnel capable of performing the functions required by this RFP and as noted in Exhibits-A Locations and Schedule. 2.2.The Vendor shall provide security guard service five (5) days per week throughout the year excluding holidays during regular Town Hall hours, which may vary seasonally. 2.3.The specific duties of The Vendor with respect to monitoring, reporting and patrolling the aforementioned properties on Exhibits-A Locations and Schedule, Exhibit-B Mobile and a 3. OTHER REQUIREMENTS, IF SELECTED UNDER THIS RFP,THE VENDOR SHALL BE REQUIRED TO: 3.1. Provide all Security Officers with distinctive company uniforms identifying themselves as security officers, with uniforms befitting the time of year. 3.2. Provide a working cell phone that the security guard(s) shall carry at all times for the purpose of providing the security services set forth herein. 3.4. Have a Sam to 4:30pm operation Monday through Friday with a live supervisor for emergencies or calls. 3.5. Provide all training necessary for the Security Guards to perform their duties. 3.6.The Vendor will be required to submit monthly reporting to the Town of Queensbury that will summarize the activities and make recommendations for improvements. I 3 .7 Maintain an Activities Log Book for the submittal of a "Daily Activity Report" on a standard Daily Activity Report form.The reports will be filled out and left daily in the area provided for the security officer. 4. VENDOR PRICING 4.1.This is a fixed hourly price contract with the option for the Town to request additional coverage with 24 hour notice,to be paid in 2 hour increments. No overtime will be paid. Wages are subject to Prevailing Wage Requirements. 4.2.At the discretion of the Town of Queensbury guard coverage may be adjusted by adding or deleting the quantity or number of services. 4.3. Pricing will include hourly rates, which include any ancillary services. 4.4. Vendor will invoice monthly and will be paid 30 day net. 5. RFP ATTACHMENTS AND SUPPORTING DOCUMENTS 5.1. Exhibit A- Locations and Schedule 5.2. Exhibit B—Prevailing Rate Contract 5.3. Exhibit C- Insurance requirements 6. REQUIRED VENDOR SUBMITTALS 6.1. Vendor submittal-Certification of non-collusion (Exhibit D) 6.3. MWBE Certification (if applicable) 6.4. (3) References 6.5. List of Principals of the company and account supervisors. 6.6. Statement of relevant and/or value add services available, but not already defined 6.8. Cost proposal 7. SUBMISSON REQUIREMENTS/OTHER PROVISIONS: 7.1.The Vendor must submit three (3) bound copies of the proposal including three (3) letters of reference. 7.2. Proof of insurance that meet or exceed the standards described in Exhibit C 7.3. Contractor shall be registered and licensed to operate a private security guard business pursuant to the requirements of the state of New York prior to commencing. 7.4.The Vendor shall not, in the provision of services or any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap,familial status or national origin. Exhibit-A Locations and Schedule The security services being requested is to: 1. Provide a security presence at the town's security desk. 2. Review people entering the building. 3. Greet visitors and provide directions. 4. Monitor campus cameras. S. During town's business hours, M-F, 8:00 AM to 4:30 PM and additional hours if requested. Exhibit B Prevailing wage rates Prevailing Wage Schedules attached. Exhibit C Insurance requirements Attached. Exhibit D Certificate of Non-Collusion Attached.