HomeMy WebLinkAboutAGR-7194 - LYONS SECURITY SERVICES INC - OLD TOWNE WEST METROLINK PARKING STRUCTURE SECURITY SERVICESl9'\ 1-1 \
PROFESSIONAL SERVICES AGREEMENT
Old Towne West Metrolink Parking Structure Security Services]
I
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this day of Sun , 2021 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and LYONS SECURITY
SERVICES, INC., a California corporation ("Contractor"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in E}chibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in thi s Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Alan Truong, Deputy Public Works Director ("City's Project Manager"), shall be the
person to whom Contractor will report for the performance of services hereunder. It is understood
that Contractor's performance hereunder shall be under the supervision of City's Project Manager
or his/her designee), that Contractor shall coordinate its services hereunder with City's Project
Manager to the extent required by City's Project Manager, and that all performances required
hereunder by Contractor shall be performed to the satisfaction of City's Project Manager and the
City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed ONE HUNDRED TWENTY THOUSAND DOLLARS
120,000.00)without the prior written authorization of City. Compensation for each year during
the term of this Agreement shall not exceed the amottnts set forth in Exhibit"B,"which is attached
hereto and incorporated herein by reference.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c.City will pay Contractor the amount invoiced within thirty (30) days, but
may withhold 10% of any invoice until all work is completed, which sum shall be paid within
thirty(30) days of completion of the work and receipt of all deliverables
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Chan e Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth,the changes
of work, extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Indenendent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent Contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible .for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social securiry withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers'compensation insurance benefits.
2
7. Contractor Not A ent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desi nated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A," shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontractin. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. The term of this Agreement shall be three (3) years,
commencing on July 1, 2021, and ending on June 30, 2024. Except as otherwise specified in
Exhibit"A," Contractor shall commence the work provided for in this Agreement within five (5)
days of the Effective Date of this Agreement and diligently prosecute completion of the work in
accordance with the time period set forth in Exhibit"A" or as otherwise agreed to by and between
the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Reserved.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports,plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Emqlovment Opportunity. During the perfortnance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
3
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs (a) and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a Contractor to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City(collectively the "Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or its subcontractor's employees
arising out of Contractor's work under this Agreement, including any and all claims under any law
pertaining to Contractor or its employees' status as an independent Contractor and any and all
claims under Labor Code section 1720 related to the payment of prevailing wages for public works
projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
4
i
b. To the fullest extent permitted by law, Contractor agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by its negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent Contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) one Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage andlor limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e.Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured.
5
f.Contractor shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a minimum limit of one Million Dollars ($1,000,000) per claim. Contractor agrees to keep
such policy in force and effect for at least five (5) years from the date of completion of this
Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subContractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subContractor to City for
review and approval. All coverages for subContractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
6
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Insnection of Records. In accordance with generally accepted
accounting principles, Contractor and its subContractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3) years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City, and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immi ration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works,"as
that term is defined in Section 1720 of the California Labor Code,for which.prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subContractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.ov/DLSR). Additionally, to perform work under this Contract,
Contractor must meet all State registration requirements and criteria, including project compliance
monitoring.
c.Contractor represents and warrants that Contractor:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
7
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Fortn I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subContractors or subContractors to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subContractors or sub-Contractors to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subContractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails.to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines,penalties and
corrective measures Ciry may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governin Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Inte ration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
8
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Lyons Security Service, Inc. City of Orange
505 S. Villa Real Dr., Suite 203A 300 E. Chapman Avenue
Anaheim Hills, CA 92807 Orange, CA 92866-1591
Attn.: Nicholas Guidice Attn.: Alan Truong
Telephone: 949-298-6859 Telephone: 714-532-6487
E-Mail: nicholas@lyonssecurityinc.com E-Mail: atruong@cityoforange.org
25. Counternarts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
Remainder of page intentionally left blank; signatures on next page]
9
CONTRACTOR" CITY"
LYONS SECURITY SERVICE, INC., CITY OF ORANGE, a municipal corporation
a California corporation
y
By: .. BY
Printe ame: 1cZo.e,, o.,c..e, Mark A. Murphy, Mayor
Title: c e+ c1.+
By: ATTEST:
Printed Name: e c-_e
Title: e
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binn g
Senior Assistant City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary .
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate of ce, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
10
EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
Exhibit"A"
Scope of Work for Public Works Private Security Patrol
Old Towne West Metrolink Parking Structure
1) The city typically requests one designated guard to provide security services at the City's
designated Old Towne West Metrolink Parking Structure (Parking Structure, located at 130
N. Lemon St., Orange), seven nights per week(including holidays) during parking structure
closure hours. Parking Structure closes to the public from 12:00 a.m. to 4:00 a.m. on a daily
basis.
2) Contractor may be asked to provide additional occasional patrol guards on an as-
needed basis to provide security at other city facilities during public use, including
activities and events which may include the serving of alcohol. In instances where
alcohol is served, the Contractor will ensure a minimum of two guards per shift.
3) The City reserves the right to adjust service times and quantity of assigned patrol guards as
needed.
4) The City reserves the right to change the locations of the patrols to other City Facilities in
the future, if patrols are warranted in those locations.
5) Assigned patrol guards will be on foot and vehicle patrol at all times and clearly visible to
patrons at all times.
6) Assigned patrol guards shall arrive fully uniformed in approved uniform provided by
contractor, prior to arriving on site. Uniforms must have the contractor's name. A photo ID
badge is to be worn at all times.
7) Assigned patrol guards will not be armed, with the exception of personal protection
equipment, such as pepper spray.
8) Patrol guards shall be able to communicate clearly in English.
9) Assigned patrol guards shall act as "ambassadors" for the City, educating patrons on
current facility rules and regulations and requesting compliance.
10) Patrol guards shall monitor facility use for compliance with all posted rules and ordinances,
asking patrons to comply. In the event there continues to be a lack of compliance, patrol
guards shall contact the Orange Police Department to address situations that they cannot
handle, or to gain compliance.
11) In particular, patrol guards are expected to patrol continually to deter vandalism, theft,
illegal activities, noise ordinance violations, parking violations, non-approved use of the
park, break-ins to the site facilities, and loitering in the facility after the facility is closed.
12) Patrol guards shall not have the ability to issue citations on behalf of the city.
13) Assigned patrol guards will provide an electronic log to the city on a daily basis outlining
patron encounters (including number of patrons), description of encounter, notable
occurrences, pictures when necessary, location of encounter, abandoned vehicles, and any
contact with Orange PD.
14) Assigned patrol guards shall immediately report any health and safety issues to the
designated city representative via email, by 8:00 a.m. the following morning. For
emergency situations, patrol guards should contact Orange PD. For non-emergency
maintenance issues, the patrol guards will contact the Public Works Deputy Director or
designee.
15) For emergency contact and auditing purposes, all patrol guards assigned by contractor
shall be reachable by city stafF via cellphone or radio at any point in time during a patrol
shift. Contractor shall provide such equipment at its sole expense and responsibility.
16) Contractor must provide the city with a 24-hour point of contact to resolve scheduling
issues or no-shows.
17) Supervision of on-site patrol guards must be provided by management staff on a weekly
basis through sporadic checks of patrol guard stafF during assigned shifts. Management to
report to city representative when these checks have occurred, any issues identified, and
any resolution, as necessary.
18) Contractor shall work continuously with the city representative to improve or modify the
schedules, service model, and reporting protocols as needed.
19) Contractor shall be available to attend monthly meetings with City staff.
20) City reserves the right to request for any guard to be removed from the City of Orange
facility security schedule.
21) All vehicles used by the patrol guards and supervisors employed by the contractor are to be
identified with door signs (approx. 20"x 16", magnetic sign is acceptable) or equivalent
with the company name and phone number. These need to be visible from both sides of
said vehicle.
22)All personnel engaged in performance of this work shall be employees of the Contractor and
as such shall be warranted to possess sufficient experience and security records to perform
this work at public facilities. Contractor is responsible for conducting sufficient background
checks before commencing work under this agreement, to ensure no employees performing
work in the City of Orange on behalf of the contractor, are listed on the National Sex
Offender Public Registry (NSOPR). Contractor shall monitor employee security records to
ensure no existing or new employees performing work under this agreement are added to
the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct
conducive to public safety.
RFP 190-36: ATTACHMENT 4
Liabilitv Insurance
City Parks and Facilities Private Security Patrol
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder and the results of that work by the Contractor, his agents, representatives, employees or
subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services OfFce Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: 2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial
General Liability insurance or. other form
with a general aggregate limit is used,
either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability:1,000,000 per accident for bodily injury and property
damage.
3. Workers'Compensation: As required by the State of California.
4. Employer's Liability: 1,000,000 per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the
following provisions:
i. The City, its officers, of icials, agents and employees are to be covered as additional insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Contractor; and with respect to liability arising out of work or operations performed by or
on behalf of the Contractor, including materials, parts or equipment furnished in connection with
such work or operations. General Liability coverage shall be provided in the form of an Additional
Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as
may be acceptable to the City)to the Contractor's insurance policy,or as a separate owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its ofFicers, officials and employees. Any insurance or self-insurance maintained by the City,
its officers, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage
required by this clause. The endorsements should be on forms acceptable to City. All certificates and
endorsements are to be received and approved by the City before work commences. However, failure to do so
shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete,
certi ed copies of all required insurance policies, including endorsements efFecting the coverage required by
these specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the
pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class
VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease
performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure
insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting
therefrom, by way of set-off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the
Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be
necessary to efFect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all
work perFormed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements
stated herein.
EXHIBIT "B"
PAYMENT SCHEDULE
Beneath this sheet.]
Compensation for Lyons Sercurity Services, Inc.
Old Towne West Metrolink Parking Structure
130 N. Lemon St., Orange, CA
Three-Year Term
July 1, 2021 to June 30, 2024
Year 1: 7/2021 throu h 6/2022 Not to exceed 40 000
Year 2: 7/2022 throu h 6/2023 Not to exceed $40,000
Year 3: 7/2023 throu h 6/2024 Not to exceed 40 000
Cost Sheet for Pub/ic Works Security
CITY OF ORANGE
Public Works
Name of Company: Lyons Sectuity Service,Inc.
Dba: Lyons Security Service,Inc.
Contact Person: Katlileen Guidice
Addl'2S5: 505 S.Villa Real Dr.,Suite 203A,Anaheim
Phone: 949-298-6859
Email Address: ___kathleen@,lyonssecurityinc.com
COST PROPOSAL: Hourlv rates shall include all nrofit, overhead, and related costs of
service for 7 days per week.
7/1/20-6/30/21 7/1/21-6/30/22 7/1/22-6/30/23 7/1/23-6/30/24
Hourly Rate
per Guard 22.80 23.94 25.14 2639
Da Shift
Hourly Rate
per Guard 22•80 23.94 25.14 2639
Ni ht Shift
Hourly Rate
per Guard 4•20 35.91 37.71 39.58
Holida s-Da Shift
Hourly Rate
per Guard 34.20 35.91 37.71 39.58
Holida s-Night Shift
List Day Shift Hours (from: G AM to 10 PM
List Night Shift Hours (from: 10 PM to 5 AM
Name and title of authorized sianatory
Name Kathleen Guidice
Title President
Signature ie-+z G'c'-
Date Mav 20,2021