HomeMy WebLinkAboutItem 2i - Gun Range Maintenance Services
DATE: June 20, 2017
TO: Honorable Mayor and City Council
FROM: Robert Guthrie, Chief of Police
By: Jennifer Brutus, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RANGE
MAINTENANCE SERVICES, LLC FOR GUN RANGE MAINTENANCE
SERVICES IN AN AMOUNT NOT TO EXCEED $52,140
Recommendation: Approve
SUMMARY
The City has no current Professional Services Agreement for gun range maintenance
services. It is recommended that the City Council approve, and authorize and direct the
City Manager to execute a Professional Services Agreement with Range Maintenance
Services, LLC for the period of July 1, 2017, to June 30, 2020, with an option to renew
for three additional one-year periods at a cost not to exceed $17,380 per year.
BACKGROUND
The Arcadia Police Department’s gun range, also known as a firearms range, is a state
of the art 4,500 square foot indoor training facility. The gun range is in operation 24
hours per day, seven day per week and is only for use by law enforcement agencies.
The facility’s main purpose is to provide a climate controlled all indoor range for Arcadia
Police officers who are required to complete periodic firearms trainings; however, it is
also used for training purposes by neighboring law enforcement agencies. The five-
lane, 50-yard facility is equipped with a variable lighting system, top of the line targeting
system, ready room for weapon cleaning and preparation, observation area, armory
storage room, and training classroom.
It is imperative for the Arcadia Police Department to keep its gun range facility clean
and safe. The City must protect its employees and patrons from lead and gaseous
pollutants, which are common dangers of an indoor gun range. In order to protect the
health of all gun range users, and the long term financial health of the facility, Arcadia’s
gun range undergoes a series of four maintenance services: monthly air filter
Range Maintenance Services, LLC – Gun Range Maintenance Services
June 20, 2017
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replacements, biannual filter replacements, annual high-efficiency particulate air
(“HEPA”) filter replacements, and an annual Gran Bullet Trap maintenance service.
Since the inception of the gun range, the Arcadia Police Department has utilized
multiple companies for maintenance services and the contractors have always
performed work in accordance with all applicable State and Federal laws governing the
indoor gun range industry. However, the City does not have a current Professional
Services Agreement with any company. Due to the size and scope of the project, a
Request for Proposals was conducted in January 2017 to identify the best and most
qualified contractor available to meet the City’s gun range maintenance needs.
DISCUSSION
After a two-week submission period during which a Notice Inviting Proposals was
published two times in the Arcadia Weekly, three gun range maintenance services
proposals were received from Range Maintenance Services, LLC, MT2, LLC, and HCI
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Environmental & Engineering on February 8, 2017. A committee comprised of three
City staff members convened to review and rate the proposals using a 100-point
evaluation system. The proposals were evaluated according to thoroughness and
understanding of work, related experience, references, quality of proposal, and costs.
Figure 1.1 is a summary of the average scores and final rank.
Figure 1.1 – Average Scores for Gun Range Maintenance Services Proposals
THOROUGHNESS &
Company Name and UNDERSTANDING RELATED PROPOSAL SUB COST GRAND
Headquarters Location OF SCOPE OF WORK EXPERIENCE REFERENCES QUALITY TOTAL PROPOSAL TOTAL
(1) Range Maintenance
Services, LLC 25 20 15 20 80 20 100
Angels Camp, CA
(2) MT2, LLC 23.33 18.33 15 18.33 75 11.67 86.67
Arvada, CO
(3) HCI Environmental
& Engineering 20 16.67 15 5 56.67 6.67 63.33
Corona, CA
Range Maintenance Services, LLC has been maintaining and servicing gun ranges for
law enforcement agencies since 1997. The company has been servicing the Arcadia
Police Department’s gun range for about eight years and performs all work in
accordance with all applicable South Coast Air Quality Management District
(“SCAQMD”), U.S. Department of Transportation (“USDOT”), Environmental Protection
Agency (“EPA”), Department of Toxic and Substance Control (“DTSC”), and California
Occupational Safety and Health Administration (“CAL-OSHA”) rules and regulations.
Other law enforcement agencies that use their services include South Bay Regional
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June 20, 2017
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Public Safety Training Center, Santa Clara Police Department, El Segundo Police
Department, Berkeley Police Department, Santa Cruz Police Department, Torrance
Police Department, Daly City Police Department, and San Francisco Police Department.
In addition to its superior customer service, the company is providing the City with
significant cost savings compared to its competitors. The company’s cost proposal was
the lowest of the three bids at $17,380 per year.
HCI is an experienced gun range maintenance services provider out of Corona,
California with over 20 years of experience. HCI’s current clients include Cypress Police
Department, Ontario Police Department, Anaheim Police Department, Orange County
Sheriff’s Department, and the Los Angeles World Airport Police. MT2, based in Arvada,
Colorado, also has over 16 years of experience and has completed over 1,200 shooting
range projects nationwide. Although both companies meet industry standards and
comply with all Federal and State rules and regulations like Range Maintenance
Services, their costs are much higher. HCI’s total cost proposal came in at $28,235 per
year and MT2 submitted expenses totaling $84,250 per year, which is $10,855 and
$66,870 higher than Range Maintenance, respectively.
The Department has determined that Range Maintenance Services is the lowest
responsible bidder. The total cost break-down is as follows:
Monthly Air Filter Replacement - $400 per service
o 12 services per year = $4,800
Biannual Filter Replacements - $1,440 per service
o 2 services per year/every 6 months = $2,880
Annual HEPA Filter Replacements
o 1 service per year = $4,700
Annual Gran Bullet Trap Maintenance
o 1 service per year = $5,000
Total cost = $17,380
Under the agreement, Range Maintenance Services shall comply with all applicable
Minimum Standards specified by all applicable Federal and State requirements, laws,
rules, and regulations. Services would include all required supervision, labor, tools,
clothing, associated equipment, and material needed to effectively and efficiently
perform all duties required of the gun range maintenance. The contractor is also duly
licensed in accordance with all gun range/shooting industry requirements for the State
of California. The company will perform gun range maintenance services for the Arcadia
Police Department as detailed in the Scope of Services section of the City’s
Professional Services Agreement.
Overall, Range Maintenance Services is a qualified firm that has the experience to
provide long-term services to the City. Therefore, it is recommended that the City
Council approve a three year contract with Range Maintenance Services, LLC for the
Range Maintenance Services, LLC – Gun Range Maintenance Services
June 20, 2017
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period of July 1, 2017, through June 30, 2020, with the option to renew for three
additional one-year periods.
FISCAL IMPACT
The first year cost ($17,380) has been budgeted in the City’s FY 2017-18 Operating
Budget. Years two and three will be budgeted in their respective operating budgets for
FY 2018-19 and FY 2019-20.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Professional Services Agreement with Range Maintenance
Services, LLC for Gun Range Maintenance Services in an amount not to exceed $52,140.
Attachment: Proposed Professional Services Agreement
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENTREGARDING
GUN RANGE MAINTENANCE SERVICES
1.P ARTIES AND D ATE.
This Agreement is made and entered into this ____ day of June, 2017 by and
between the City of Arcadia, a charter city organized under the Constitution and laws of
the State of California with its principal place of business at 240 West Huntington Drive,
Arcadia, California 91066-6021 ("City") and Range Maintenance Services, LLC,a
limited liability corporationwith its principal place of business at 301 Mary Belle Way,
Angels Camp, California("Consultant"). City and Consultant are sometimes individually
referred to as “Party” and collectively as “Parties.”
2.R ECITALS.
2.1Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing Gun Range
Maintenanceservices to public clients, is licensed in the State of California, and is
familiar with the plans of City.
2.2Project.
City desires to engage Consultant to render such services for the Gun Range
Maintenance Servicesproject (“Project”) as set forth in this Agreement.
3.T ERMS.
3.1Scope of Services and Term.
3.1.1General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Gun Range
Maintenanceconsulting services necessary for the Project ("Services"). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
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3.1.2Term.The term of this Agreement shall be from July 1, 2017to
June 30, 2020,unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.1.3 Term Extension. This Agreement may be extended by mutual
agreement ofthe Parties on a year-by-year basis for a maximum of three (3) one (1)
year additional terms. If such option is exercised, the terms and conditions quoted
herein (with the exception of pricing) are to remain firm for the term extension(s) of this
Agreement. Any adjustments to pricing shall be agreed to by the Parties in writing prior
to the commencement of any term extension(s).
3.2Responsibilities of Consultant.
3.2.1Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law.Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3Conformance to Applicable Requirements. All work prepared by
Consultant shall be subjectto the prior written approval of City.
3.2.4Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
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personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Donna Foggiato, General Manager
3.2.5City’s Representative. The City hereby designates the Chief of
Police, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City’s Representative or his or her
designee.
3.2.6Consultant’s Representative. Consultant hereby designatesDonna
Foggiato, General Manager, or his or her designee, to act as its representative for the
performance of this Agreement (“Consultant’s Representative”). Consultant’s
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant’s Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.9Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, and employees free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.9.1Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its directors, officials, officers and
employees, from any liability, damages or causes of action arising out of or relating to
any claims that Consultant's employees, or the employees of any subcontractor hired by
Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and/or anyother claims based upon alleged IRCA violations committed
by Consultant or Consultant's subcontractor(s).
3.2.10Insurance.
3.2.10.1Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant’s policies of insurance.
3.2.10.2Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer’s consent to naming City, its directors, officials, officers,and
employees as an additional insured with proof of certificate of insurance that they are an
additional insured. Such insurance shall meet at least the following minimum levels of
coverage:
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(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform propertydamage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance.
The City, its directors, officials, officers, and employees shall be listed as additional
insured. Any deductibles or self-insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B)Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1)General Liability:$1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of $1,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability:$1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability:Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A)General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, andemployees shall
be covered as additional insured with respect to liability arising out of Services
operations and for completed operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2)
the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, employees and
volunteers shall be excess of the Consultant’s insurance and shall not be called upon to
contribute with it in any way.
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(B)Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, and
employees shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, andemployees
shall be excess of the Consultant’s insurance and shall not be called upon to contribute
with it in any way.
(C)Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, and employees for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D)All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non-renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non-payment of premium, ten (10) days notice of cancellation for non-payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, and employees.
3.2.10.4Separation of Insureds; No SpecialLimitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, and employees.
3.2.10.5Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
directors, officials, officers, andemployees; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.6Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best’s rating no less than A:VII, admitted or approved
to do business in California, and satisfactory to the City.
3.2.10.7Verification of Coverage. Consultant shall furnish City
withcomplete and accurate copies of current certificates of insurance and
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endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.8Safety. Consultant shall execute and maintain its
work so as to avoid injury ordamage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.9Material Breach. Lack of insurance does not negate
Consultant’s obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3Fees and Payments.
3.3.1Compensation. Consultant shall receive compensation, including
reimbursements which receive the City’s prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit"C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed Seventeen
Thousand Three Hundred Eighty Dollars ($17,380) per year (for a total of $52,140
for a three year period) without written approval of the City Manager. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate,through the date of the statement. City
shall, within forty-five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
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3.3.3Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior writtenauthorization from City's Representative.
3.4Accounting Records.
3.4.1Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5General Provisions.
3.5.1Termination of Agreement.
3.5.1.1Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
A termination without cause by City shall not act as or be deemed a waiver of any
potential known or unknown City claims associated with Consultant’s performance prior
to the date of termination.
3.5.1.2Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
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and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant:
G4S Secure Solutions, Inc.
4929 Wilshire Blvd., Suite 601
Los Angeles, CA 90010
Attn: Keith W. Boles, General Manager
City:
City of Arcadia
Police Department
250 West Huntington drive
Arcadia, CA 91007
Attn:Chief of Police
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3Ownership of Materials and Confidentiality.
3.5.3.1Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement (“Documents & Data”). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intendedby this Agreement shall be at City’s sole risk.
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3.5.3.2Confidentiality.Except as otherwise required by
California law, all ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or
the Project. Nothing furnished to Consultant which is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
3.5.4Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, and employees free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any alleged acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the
Project orthis Agreement, including without limitation the payment of all consequential
damages and attorney’s fees and other related costs and expenses. Notwithstanding
the foregoing, to the extent Consultant’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 out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant shall defend with
Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials, officers,andemployees.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, andemployees, in any such suit, action or
other legal proceeding arising from Consultant’s performance of the Services, the
Project or this Agreement; except to the extent that liability is caused by the active
negligence or willful misconduct by the City or its directors, officials, officers, and
employees. Consultant shall reimburse City and its directors, officials, officers,and
employees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant’s
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
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the City, its directors, officials, officers, andemployees, and shall take effect
immediately upon execution of this Agreement.
3.5.5.2The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7Attorney’s Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorneys’ fees and all other costs of such
action.
3.5.8Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10City's Right to Employ Other Consultants. City reserves rightto
employ other consultants in connection with this Project.
3.5.11Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
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andemployees except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall
include, but not be limited to, all activities related to initialemployment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
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3.5.21Authority to Enter Agreement.Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.23Exhibits and Recitals.All Exhibits and Recitals contained herein
are hereby incorporated into this Agreement by this reference.
3.6Subcontracting.
3.6.1Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
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In witness whereof the Parties have executed this Professional Services
Agreement on the date set forth below.
CITY OF ARCADIARANGE MAINTENANCE SERVICES,
LLC
By __By ____________________________
Dominic LazzarettoDonna Foggiato, General Manager
City Manager
Date: ______________________Date: _________________________
ATTEST:
___________________________ By____________________________
City ClerkSignature
APPROVED AS TO FORM:Date: _________________________
___________________________CONCUR:
Stephen P. Deitsch
City Attorney________________________________
Robert T. Guthrie, Chief of Police
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E XHIBIT "A"
S COPE OF S ERVICES
1.GENERAL INFORMATION
Consultant shall provide servicesto include all required supervision, labor, tools,
clothing, associated equipment and material needed to effectively and efficiently
perform all duties required of the gun range maintenance project including, but not
limited, to any mandatory staff training.
Consultant shall comply with all applicable Minimum Standards specified by all
applicable Federal and State requirements, laws, rules, and regulations, whether now in
effect, hereafter affected or implemented as applicable to the Arcadia Police
Department’s gun range in the future.
Consultant will maintain proper licensesin accordance with all gun range/shooting
industry requirements for the State of California.
The gun range maintenance services provided by Consultantunder these specifications
shall be of the highest possible caliber.
2.PROPOSER RESPONSIBILITIES/SCOPE OF SERVICES
I.STAGE 1 -Monthly Air Filter Replacements
Frequency: One time per month (12 times a year)
Estimated one (1) day of work.
Remove nine (9) Pre-Filters from Air Handler.
Remove six (6) 24” x 24” x 2” FP Mini Pleat Filters with RCRA D008 Lead Solids
from Air Handler package.
Remove three (3) 12” x 24” x 2” FP Mini Pleat Filters with RCRA D008 Lead
Solids from Air Handler package.
Have hazardous waste company remove the filters from premises.
Install six (6) 24” x 24” x 2” FP Mini Pleat Filters.
Install three (3) 12” x 24”x2” FP Mini Pleat Filters.
Install nine (9) Pre-Filters.
II.STAGE 2 -Biannual Filter Replacements
Frequency: Every 6 months
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Estimated one (1) day of work.
Remove six (6) 24” x 24” x 2” FP Pre-Filters with RCRA D008 Lead Solids from
Air Handler package.
Have hazardous waste company transport and dispose of fifty-five (55) gallon
drum.
Install six (6) 24” x 24” x 2” FP Pre-Filters.
III.STAGE 3 -Annual HEPA Filter Replacements
Frequency: Every 12 months
Estimated one (1) day of work
Remove six (6) 24” x 24” x 11 ½” FP HEPA Filters with RCRA D008 Lead Solids
from Air Handler package.
Remove three (3) 12” x 24” x 11 ½” FP HEPA Filters with RCRA D008 Lead
Solids from Air Handler package.
Have hazardous waste company remove the filters from premises.
Install six (6) 24”x 24” x 11 ½” FP HEPA Filters.
Install three (3) 12” x 24” x 11 ½” FP HEPA Filters.
IV.Annual Gran Bullet Trap Maintenance
Frequency: Every 12 months
The following mining actions are required to extract lead from the rubber material:
Estimated total of three (3) days to separate the rubber material from thebullet
material for re-packing the Bullet Trap with the recycled material.
Start raking at the 10 ft. peak base of the Bullet Trap to clean out shotgun wads.
Bag and dispose.
Commence to mine the rubber, copper jackets/bullet material from the center hot
spot areas of all five (5) point impact areas of the Bullet Trap. Mining depth of
mixed material will vary from fourteen inches (14”) to sixteen inches (16”) deep.
Outside of the hot spots, mining will vary from twelve inches (12”) to fourteen
inches (14”) of mixed material.
All material will be positioned in a row in front of the Bullet Trap. There should be
approximately thirteen (13) to fifteen (15) cubic yards of material extracted from
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the twenty-seven foot (27’) x twelve foot (12’) 5 pt. BulletTrap area, using a gran
trap vacuum to separate bullets and agitate unburned gun powder.
At least 90% cleanout is expected from the entire trap.
Use a Gran Trap Vacuum to separate bullet material from the rubber trap
material. The vacuum machine should blow the rubber back into the Bullet Trap
through a series of six inch (6”) duct pipes then leaving the lead material on the
floor to be shoveled into one gallon containers for transportation.
Replenish hopper in the upper part of the Bullet Trap buy utilizing the trap
vacuum.
Shovel and rake rubber media to re-create factory specification sloped angle for
Bullet Trap.
Use bags of rubber material to insure proper angle. (Consultantto purchase and
provide)
Apply fire retardant to rubber berm material.
Remove and properly dispose of bullet material from premises.
Clean range of any lead residue from walls, baffles, tracks, floors and ceilings.
Seal off evacuation vents to prevent packing the filtration system during mining
process.
Replace filtration filters as necessary and clean electronic monitoring system.
PRODUCT NEEDS
Consultant shall procure the following products according to the following minimum
specifications:
FILTER LIST
Size:12” x 24” x 2”
Company:Filtration Group
Part #:21131
Description:Pleated Filter
Size:24” x 24” x 2”
Company:Filtration Group
Part #:10391
Description:Pleated Filter
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Size:24” x 24” x 11 ½“
Company:Flanders
Part #:F0610908
Description:HEPA Filter
Size:12” x 24” x 11 ½”
Company:Filtration Group
Part #: 51675
Description:HEPA Filter
3.TRAINING
Consultant, at its own cost, shall train all of its employees on gun range maintenance
services and all related State and Federal Regulations, rules, laws, policies, and
procedures prior to being assigned for service in the City.
Additionally, and as needed, Consultantshall provide retraining and continuing
education for contract employees.
4.STAFFING AND SUPERVISION OF STAFFING
Consultantmust maintain at all times, an adequate number of qualified personnel to
perform the gun range maintenance services according to the following specifications:
All Contract employees shall be:
At least eighteen (18) years of age.
Physically and mentally capable of performing duties related to gun range
maintenance duties.
Neat and well groomed.
Have the ability to give and follow oral and written instructions in the English
language.
Have the ability to establish and maintain effective working relationships with the
public and City personnel.
Be in possession of valid permits, licenses, and certifications required for the
performance of job-related duties at the time of execution of the Agreement.
Be able to legally, safely, and properly operate necessary equipment and tools
related to gun range maintenance services.
Have the ability to operate motor vehicles and walk for several hours; the ability
to sit, stand, walk, kneel, crouch, stoop, squat, crawl, twist, climb, and lift fifty (50)
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pounds; and exposure to heat, noise, outdoors,confining work spaces,
chemicals, mechanical hazards, and electrical hazards.
Shall have taken and passed a developed reference check, a drug screening
test, and undergone a medical examination to determine fitness to perform
assigned duties.
Shall have undergone a criminal history check in order to determine that contract
employee possesses no felony criminal convictions. Misdemeanor criminal
convictions will be reviewed by the City on a case by case basis for acceptability.
Shall have the ability to remain calm and use good judgment and initiative in a
confrontational or emergency situation.
Shall be capable of acting in the utmost professional manner when interacting
with customers and the general public.
Expectations for Professional Behavior of Contract Employees
Consultantshall be responsible for the conduct, demeanor and appearance of its
employees while in the City or while acting in the course and scope of
employment.
While in the City or while acting in the course and scope of employment, all
employees of the Consultantshall be neat and clean, and shall act in a courteous
and professional manner. No employee shall use improper language or act in a
loud, offensive or otherwise improper manner.
Consultantemployees are trained as to thepurpose of their positions and the
importance of performing their job duties according to the City’s operating
instructions.
All contract employees shall at all times be polite and courteous in their dealings
with the City, treating every person with care and respect.
All contract employees are to be attentive, alert and responsive to all customer
service issues, needs, comments or complaints.
All contract employees must speak clearly and in a professional manner while
interacting with City officials and when offering the assistance needed.
Supervision
Consultantis wholly responsible for the supervision of contract employees and
administration of the contract to the satisfaction of the City. Consultantshall be
responsible for providing competent personnel to assist the City with its gun range
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maintenance services needs. Consultantshall be solely responsible for selecting,
hiring, employing, paying, supervising, training, and discharging its personnel.
Additionally, Consultantmust ensure staffing to ensure that all service requests are
filled in accordance with the response time requested. In emergency situations,
response time to reply to communication is not to exceed twenty-four (24) hours.
Consultantwill work with the Department to establish service dates. Consultantis also
responsible for: performance evaluations of contract employees, conduct disciplinary
action against contract employees, and handle processing for all payroll and benefits
allowances for its employees.
Consultantshall ensure that at least one (1) supervisory level employee having
decision-making authority with regard to gun range maintenance services is available to
the City by mobile phone twenty-four (24) hours a day, seven (7) days a week.
The Chief of Police, or his designee, maintains approval rights for the appointing of all
gun range maintenance services positions. The City reserves the right to request that a
contract employee be replaced at any time without cause.
5.SCEDULING REQUIREMENTS
Consultantwill fill any absence or vacancy immediately to ensure that minimum staffing
is retained at all times and frequency requirements are met.
Consultantwill work with Arcadia Police Department staff to schedule service times, and
provide service within a reasonable time frame. Consultantwill perform duties during a
set window of normal business hours: Monday-Friday, 7:00 am –5:00 pm.
6.EQUIPMENT
Consultantshall have available for its own use, gun range maintenance services tools,
equipment, and material to perform the work as specified in the Scope of Services of
this RFP. Consultantshall be readily available to help solve the City’s gun range
maintenance problems and provide recommendations when needed.
Consultantwill be financially responsible for all lost or damaged City property caused by
Consultantemployees over the course of the Agreement.
Vehicles.Consultantis responsible for supplying its transportation requirements.
including vehicles for use in the performance of its gun range maintenance duties.
Consultantshall pay for all associated vehicles costs including but not limited to
gasoline and maintenance.
All vehicles used by Consultantin its performance of this Agreement shall:
o Be clearly identified as performing gun range maintenance services.
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o Be operated at all times in compliance with all state and local motor
vehicle laws.
o Consultantis responsible for the cleanliness, repair, and replacement of
all vehicles used in the performance of this Contract.
7.BILLING AND RECORDS
The billings for all services rendered pursuant to thisAgreement shall be submitted
monthly, based upon the services rendered at the time of the submission, to City by
Consultant, and shall be paid by the City within forty-five (45) days after receipt of same.
Consultant shall be responsible for maintaining all related records in compliance with all
County and State regulations and inspections. All such records will become, and will
remain, the property of the City of Arcadia.
8.CITY OF ARCADIA RIGHTS
The City retains the following rights:
The right to request that Consultant respond to communication in a timely manner (not
to exceed twenty-four (24) hours) and provide services within a reasonable time frame.
The right to demand additional information and reports, including, but not limited to
drug-screening reports, as may be permitted by law.
The right to approve or disapprove of any new hire assigned to the Contract.
The right to withdraw the enforcement authority of any contract employee, either
permanentlyor temporarily, when such action is in the best interests of the City, and the
right to replace any contract employee when his/her continued employment is
detrimental to the best interests of the City.
The right to approve or disapprove any invoice.
9.CITY SUPERVISION
The City’s Chief of Police, or his designee, shall have the right of general supervision of
all work performed by Consultantand shall be the City’s agent with respect to obtaining
Consultant’s compliance hereunder. No payment for any services rendered under the
Agreement shall be made without prior approval of the Chief of Police, or his designee.
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Exhibit "B"
S CHEDULE OF S ERVICES
Consultant shall perform duties as needed and required pursuant to the terms of the
Agreement.
B-1
E XHIBIT"C"
C OMPENSATION
Consultant shall bill the City for each project (according to the specified schedule of
services) according to thefollowing cost breakdown:
Monthly Air Filter Replacement -$400 per service
o 12 services per year = $4,800
Biannual Filter Replacements -$1,440 per service
o 2 services per year/every 6 months = $2,880
Annual HEPA Filter Replacements
o 1 service per year = $4,700
Annual Gran Bullet Trap Maintenance
o 1 service per year = $5,000
Total cost per year = $17,380
These project costs are also presented in the following Cost Proposal from Range
Maintenance Services, LLC dated January 31, 2017.
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