Council Staff Report Template

MEMORANDUM

To: Robby Hammond, Interim City Manager

From: Toni Plunkett, Program & Support Manager

Date: June 18, 2019

Subject: Professional Services Contract – Security Guard Services ______

Requested City Council Action: Consider Finance Committee’s recommendation to award a five-year Professional Services contract to Portland Patrol Incorporated to provide security guard services to the Hillsboro Civic Center Complex.

Background: The City has provided contracted, armed security guard services for the Hillsboro Civic Center Complex (“Complex”) since 2006. This has proven to be a valuable service that provides security oversight to our very busy, multi-story facility, active plazas, fountain area and indoor park, as well as to our various tenants.

Our current security services contract is ending June 30, 2019 and a Request for Proposals (RFP) for Armed Security Guard Services was issued in April 2019. The armed guards must exercise customary dignitary protection tactics and techniques and be familiar with executive protection protocols, in particular, serving City Hall and our public meetings. To ensure that the guards have this skillset, we require that firms be able to provide armed security guards with a minimum five years prior active sworn police officer experience. We received one responsive proposal meeting our criteria which was from our incumbent security services provider Portland Patrol Incorporated. We have been extremely satisfied with Portland Patrol’s services over the years and recommend that the contract be awarded Portland Patrol Incorporated.

Over the last thirteen years Portland Patrol has provided us with the utmost experienced and professional personnel. Their pool of qualified personnel are able to cover all shifts should our regularly assigned guards be out sick or on vacation. They have also been very accommodating in working out viable split shift schedules with their staff that essentially eliminates overtime charges, while still covering both our day schedule and our many evening public meetings. This allows us to keep the budget as low as possible while still providing our basic security needs.

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During the summer months, in addition to the guards’ regular day and evening public meeting schedules, they also provide coverage for the Complex area during Tuesday Market nights until 9:00 PM. This added security enhancement has been very beneficial in reducing trash on the plazas, loitering, scuffles, and other nuisances that were occurring during the evening Market.

Cost: The total yearly contract amount is estimated to be $80,000 - $100,000.

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CITY OF HILLSBORO PROFESSIONAL SERVICES CONTRACT Contract Number:______

THIS PROFESSIONAL SERVICES CONTRACT ("Contract") is made and entered into by and between the City of Hillsboro, a municipal corporation of the State of Oregon ("City") and Portland Patrol Incorporated ("Contractor"). The parties agree as follows:

1. SCOPE OF WORK. The Contractor shall provide armed guard services services to the City (the “Work”), as more particularly described in City’s Request for Proposal or clarified by subsequent negotiations, dated April 12, 2019 (“RFP”), and Contractor’s Proposal, dated May 10, 2019 (“Proposal”). The RFP and Proposal are attached to this Contract as Exhibits A and B and are incorporated by reference. In the event of inconsistencies between this Contract and Exhibits A and B the provisions of this Contract shall control. In the event of inconsistencies between Exhibit A (the RFP) and Exhibit B (the Proposal), the provisions of Exhibit A shall control. In cases where there are final Negotiated Changes to the Statement of Work, this document will take the place of the Proposal (Exhibit B).

2. EFFECTIVE DATE AND DURATION OF CONTRACT. This Contract shall become effective on July 1, 2019. Unless earlier terminated, this Contract shall remain in full force and effect until City accepts Contractor’s completed performance or on June 30, 2024 whichever first occurs. Expiration of this Contract shall not extinguish or prejudice City’s right to enforce this Contract with respect to any breach of a warranty of Contractor or any default or defect in Contractor performance that has not been cured. This Contract may be extended for an additional two years, upon written notice of City provided to Contractor on or before May 30, 2024. Time is of the essence under this Contract.

3. PAYMENT. City agrees to pay Contractor for the Work required under this Contract at a rate as outlined in Attachment C of the Proposal. Changes in the fee structure for Cost of Living Adjustment (COLA) consistent with the City of Hillsboro COLA factor upon mutual agreement and contract amendment.

3.1. Contractor shall submit monthly billings for work performed. The billings shall describe all work performed with particularity, by whom it was performed and shall itemize with detail all expenses for which reimbursement is claimed. Unless the amount and rate of reimbursement are specified in an attached exhibit to this Contract, the City will not reimburse Contractor for any additional expenses under this Contract.

3.2. City shall pay Contractor for the amount billed each month within thirty (30) days after receiving Contractor’s billing. City shall not pay any amount in excess of the compensation amounts set forth above nor shall City pay Contractor any fees or costs which City reasonably disputes.

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4. CHANGES. This Contract, including all exhibits attached hereto, shall not be waived, altered, modified, supplemented, extended or amended, in any manner whatsoever, except by written instrument, executed by both parties. Such waiver, alteration, modification, supplement, extension or amendment, if made, shall be effective only in the specific instance and for the specific purpose given. The parties acknowledge and agree that, to the extent permitted by law, this Contract may be amended to specifically provide for additional Contractor services that are within or directly related to the Scope of Work.

5. KEY PERSONNEL. Contractor acknowledges and agrees that the City selected Contractor for award of this Contract because of the special qualifications of Contractor’s key personnel. In particular, through this Contract, City is engaging the expertise, experience, judgment, and personal attention of the personnel listed within the Contractor’s proposal. Contractor shall not reassign or transfer the key personnel to other duties or positions, such that the key personnel no longer have the ability to provide City with [HIS/HER/THEIR] expertise, experience, judgment, and personal attention, without first obtaining the City’s prior written consent to such reassignment or transfer. In the event Contractor requests that City approve a reassignment or transfer of the key personnel, City shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s).

6. INDEPENDENT CONTRACTOR STATUS/CONTRACTOR WARRANTIES. Contractor shall be free from City’s direction and control over the means and manner of providing the labor or service, subject only to the specifications of the desired results. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state or local law. Contractor shall furnish the tools or equipment necessary for the contracted labor or services.

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6.1. Contractor agrees, represents and certifies that:

6.1.1. Contractor is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract.

6.1.2. Contractor is not eligible for any federal social security, unemployment insurance, pension, PERS or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract

6.1.3. Contractor has filed federal and state income tax returns in the name of the business as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year.

6.1.4. Contractor agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of Contractor’s obligations under this Contract. Contractor shall be qualified, professionally competent and duly licensed to perform the work and services at all times during the term of this Contract.

6.1.5. Contractor is not an employee of Metro, any special district, or local government, including City, the federal government or the State of Oregon.

6.1.6. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and will apply that skill and knowledge with care and diligence to perform the Work under this Contract in a professional manner and in accordance with standards prevalent in the Contractor’s industry, trade or profession.

6.1.7. Contractor has the power and authority to enter into and perform this Contract and when executed and delivered, this Contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

6.1.8. Contractor has read, understands and agrees to be bound by each of the terms and conditions of this Contract.

6.1.9. Contractor prepared its Proposal, Exhibit B to this Contract, independently from all other proposers, and without collusion, fraud or other dishonesty.

6.2. Upon City’s request, Contractor shall provide City with evidence reasonably satisfactory to City confirming the foregoing covenants and warranties. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other provided warranties.

7. OTHER CONTRACTORS. City may undertake or award other contracts for additional or related work, and Contractor shall fully cooperate with such additional contractors and with any City employees concerned with such additional or related work, and shall coordinate the performance of work under this Contract and contract documents, with such additional or related work. Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor or by any City employee. The Contractor will notify the City of any actual or perceived conflicts of interest with the assigning of additional contractors.

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8. SUBCONTRACTORS, ASSIGNMENT; SUCCESSORS-IN-INTEREST. Except as specifically authorized in the contract documents, Contractor shall not make any subcontract with any other party for furnishing any of the work and services contemplated under the contract documents or assign or transfer any interest in this Contract, without obtaining the express prior written consent of City. In any case, this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any.

9. NO THIRD-PARTY BENEFICIARIES. City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide, any benefit or right, whether directly or indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

10. PAYMENT OF LABORERS; PAYMENT OF TAXES.

10.1. Contractor shall:

10.1.1. Make payment promptly, as due, to all persons supplying to the Contractor labor and material for the prosecution of the work provided for in the contract documents (ORS 279B.220(1));

10.1.2. Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract (ORS 279B.220(2));

10.1.3. Not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished (ORS 279B.220(3)); and

10.1.4. Be responsible for all federal, state and local taxes applicable to any compensation or payments paid to the Contractor under this Contract and pay to the Department of Revenue all sums withheld from employees under ORS 316.167. Unless the Contractor is subject to backup withholding, the City will not withhold from such compensation or payments any amount(s) to cover the Contractor's federal or state tax obligation (ORS 279B.220(4)).

10.2. If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract.

10.3. The payment of a claim in this manner shall not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims.

10.4. The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (ORS 279B.230(1)).

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10.5. Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements (ORS 279B.230(2)).

11. COMPLIANCE WITH APPLICABLE LAW. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as amended; (v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and administrative rules established pursuant to the foregoing laws; and (x) all other applicable requirements of federal, state and municipal civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. The City’s performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279B.220, 279B.225, 279B.230, and 279B.235 which are incorporated by reference herein.

11.1. Contractor shall pay employees for services as stated in ORS 279B.235(1). The employee shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime.

11.2. Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements (ORS 279B.230(2)).

12. CONTRACTOR’S COMPLIANCE WITH TAX LAWS. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, “tax laws” includes all the provisions described in subsection 13.3.1 through 13.3.4 of this Contract.

12.1. Any violation of subsection 12 of this section shall constitute a material breach of this Contract. Further, any violation of Contractor’s warranty, in section 13 of this Contract, guaranteeing that the Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle the City to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:

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12.1.1. Termination of this Contract, in whole or in part:

12.1.2. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to City’s setoff right, without penalty; and

12.1.3. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City of Hillsboro shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement contractor.

12.2. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

13. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES. Contractor represents and warrants to City that:

13.1. Contractor has the power and authority to enter into and perform this Contract.

13.2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms.

13.3. Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding effective date of this Contract, faithfully has complied with:

13.3.1. All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

13.3.2. Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

13.3.3. Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

13.3.4. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

13.4. Any Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc. Delivered to or granted to the City under this Contract, and Contractor’s Services rendered in the performance of Contractor’s obligations under this Contract, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

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14. INSURANCE. Contractor shall obtain prior to beginning any work under this Contract and shall maintain in full force and effect for the term of this Contract, at Contractor's expense, comprehensive general liability to include bodily injury and property damage for at least $1,000,000 per occurrence and at least $2,000,000 aggregate per project. Automobile liability with a combined single limit coverage of not less than $1,000,000 to include bodily injury and property damage and shall include coverage for owned, hired and non-owned vehicles, as applicable, for the protection of the Contractor and the City of Hillsboro. Contractor shall name the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds. The policies shall be primary to and non-contributory with any insurance or self- insurance carried by the City, issued by a company authorized to do business in the State of Oregon. The Contractor shall provide the City written notice within thirty (30) days of cancellation or material modification of the insurance contract at the address listed below. Contractor shall provide certificates of insurance and additional insured policy endorsement to City prior to commencement of any work under this Contract. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance used to satisfy these requirements.

14.1. WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE. Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements (ORS 279B.230(2)). Unless otherwise exempt, Contractor shall provide the City with certification of Workers’ Compensation Insurance and shall maintain Employers’ Liability Insurance with limits not less than $1,000,000 for each accident, $1,000,000 for disease each employee and $1,000,000 each policy limit.

15. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers against all liability, claims, suits or actions of whatsoever nature, loss or expenses, including attorney fees, and against all claims, actions, judgments based upon or arising out of damage or injury or death to persons or property, but only to the extent caused by a act or omission by the Contractor and anyone acting on Contractor's behalf in connection with, or incidental to, this Contract or the work to be performed hereunder; provided, however, that nothing herewith shall be construed to require defense or indemnification of City attributable to its own negligence. In addition, Contractor expressly agrees to defend, indemnify and hold the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers against all liability, claims, suits, actions, loss or expenses, including attorney fees, arising out of or related to any claims that the Work, the Work Product, or any other tangible or intangible items delivered to City by Contractor may be the subject of protection under any state or federal intellectual property law or doctrine, or the City’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design or other proprietary right of any third party.

16. CONFIDENTIALITY. No reports, information and data given to or prepared or assembled by Contractor under the contract documents shall be made available by Contractor to any individual or organization (except City) without the prior written approval of City.

17. RECORDKEEPING. Contractor shall maintain all fiscal records relating to this Contract in accordance

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with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document the Contractor's performance hereunder. All such fiscal records, books, documents, papers, plans, and writings shall be retained by Contractor and kept accessible for a minimum of six (6) years, except as required longer by law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

18. ACCESS TO RECORDS. Contractor agrees that City and its authorized representatives shall have access to all books, documents, papers and records of the Contractor which are directly related to the Contract for the purpose of making any audit, examination, copies, excerpts and transcripts.

19. FOREIGN CONTRACTOR. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this Contract.

20. GOVERNING LAW; JURISDICTION; VENUE. This Contract shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “the claim”) between City and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the circuit court of Washington County for the State of Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Contractor, by its execution of this Contract, hereby consents to the in personam jurisdiction of said courts.

21. OWNERSHIP OF WORK PRODUCT.

21.1. As used in this Paragraph 21, and elsewhere in this Contract, the following terms have the meanings set forth below:

21.1.1. “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Work.

21.1.2. “Third Party Intellectual Property” means any intellectual property owned by parties other than City or Contractor.

21.1.3. “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to City pursuant to the Work. 21.2. All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of City. City and Contractor agree that such original works of authorship are “work made for hire” of which City is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to the Work is not “work made for hire,” Contractor hereby irrevocably assigns to City any and all of its rights, title, and interest in all original Work Product created pursuant to the Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon City’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in City.

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Contractor forever waives any and all rights relating to original Work Product created pursuant to the Work, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

21.3. In the event that Work Product created by Contractor under this Contract is Contractor Intellectual Property, a derivative work based on Contractor Intellectual Property, or is a compilation that includes Contractor Intellectual Property, Contractor hereby grants to City an irrevocable, non- exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property employed in the Work Product, and to authorize others to do the same on City’s behalf.

21.4. In the event that Work Product is Third Party Intellectual Property, a derivative work based on Third Party Intellectual Property, or a compilation that includes Third Party Intellectual Property, Contractor shall secure on City’s behalf and in the name of the City, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on City’s behalf.

22. ERRORS. Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost to City.

23. TERMINATION. This Contract may be terminated at any time by mutual consent of both parties.

23.1. Contractor may terminate this Contract upon thirty (30) days’ written notice to City if City fails to pay Contractor pursuant to the terms of this Contract and City fails to cure within thirty (30) days after receipt of Contractor’s notice or such longer period of cure as Contractor may specify in such notice.

23.2. City, in its sole discretion, may terminate this Contract, in whole or in part, upon thirty (30) days notice to Contractor.

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23.3. City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as may be established by City in such notice, upon the occurrence of the following events: (i) federal or state laws, regulations or guidelines are modified or interpreted in such a way that the work or services provided under this Contract are prohibited or City is prohibited from paying for such work or services from the planned funding source; (ii) Contractor no longer holds any license or certificate that is required to perform the work or services; or (iii) Contractor commits any material breach or default of any covenant, warranty, obligation, certification or agreement under this Contract, fails to perform the work or services under this Contract within the time specified herein or any extension thereof, or so fails to pursue the work or services as to endanger Contractor’s performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within ten (10) days after delivery of City’s notice or such longer period as City may specify in such notice.

23.4. In the event of termination under paragraphs 23.1, 23.2, 23.3 or 23.4(i), Contractor’s sole remedy shall be a claim for the sum designated for accomplishing the work or services multiplied by the percentage of work or services completed and accepted by City, less previous amounts paid and any claim or claims which the City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this paragraph 21.5, Contractor shall pay any excess to City upon demand.

23.5. In the event of termination under paragraphs 23.4(ii) or 23.4(iii), City shall have any remedy available to it in law or equity.

23.6. Upon receiving a notice of termination, Contractor shall immediately cease all activities under this Contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works- in-progress and other property that are or would be deliverable had the Contract been completed. Upon City’s request, Contractor shall surrender to anyone City designates, all documents, research or objects or other tangible things needed to complete the work or services.

24. ATTORNEY FEES. If a suit or action is filed to enforce any of the terms of this Contract, each party is responsible for their respective costs and fees, including attorney fees.

25. FUNDS AVAILABLE AND AUTHORIZED, NON-APPROPRIATION OF FUNDS. City has sufficient funds currently available and authorized for expenditure to finance the costs of this Contract, during the current fiscal year. Contractor recognizes that the funding of services pursuant to this Contract is subject to annual appropriation by the City Council as required by the Oregon Local Budget Law, ORS 294.323 and related provisions, which appropriation may not be made in subsequent fiscal years. As such, the City may terminate this agreement at any time based on the City Council’s non-appropriation of funds required to perform its obligations under this Contract.

26. SEVERABILITY. The parties agree that if any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

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27. FORCE MAJEURE. Neither City nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, City’s or Contractor’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract.

28. WAIVER. The failure of City to enforce any provision of this Contract shall not constitute a waiver by City of that or any other provision.

29. RECYCLABLE MATERIALS. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(ee)), recycled PETE products (as defined in ORS 279A.010(ff)), and other recycled products (as “recycled product” is defined in ORS 279A.010(gg)).

30. NOTICE. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile or mailing, postage prepaid, to Contractor or City at the address or number set forth on the signature page of this Contract, or to such other addresses or numbers as either party may hereafter indicate pursuant to this paragraph 30. Any communication or notice so addressed and mailed shall be deemed to be given five (5) days after mailing. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against City, such facsimile transmission must be confirmed by telephone notice to the City Manager. Any communication or notice by personal delivery shall be deemed to be given when actually delivered.

31. PRICE ESCALATION. A request for escalation of Contract pricing may be made under the following conditions:

31.1. Offered prices must be firm for a least one (1) consecutive year after written notification of a contract

31.2. The Contractor shall provide written notice to the City of any requested price increases and all requests for price increases shall be accompanied by:

31.2.1. A letter from the Contractor’s supplier certifying the price increase to the Contractor; or

31.2.2. Evidence of verifiable market conditions resulting in increased costs such as mandated labor rate increases and significant fuel or energy cost increases.

31.3. All revisions to Contract pricing shall become effective when they have been received and approved by the City.

31.4. The City reserves the right to cancel a Contract and solicit a new contract if a requested price escalation is unacceptable to the City. Cancellation of the Contract shall not affect any outstanding orders.

31.5. All approved price changes resulting from this escalation clause shall be firm for a period of one (1) calendar year after approval of the escalation by the City.

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31.6. Contractors are obligated to treat price decreases as equally as price increases during the tenure of the contract. Contractor shall notify the City within ten (10) working days of subsequent price de- escalations from its supplier or cost reductions in areas where pricing increases were previously implemented.

31.6.1. The Contractor will reduce its pricing to the City immediately to pass on such de-escalations and reductions unless otherwise agreed by the parties.

31.7. The City reserves the right to approve pricing increases requested by the Contractor other than those described in this subsection, if in the best interest of the City.

31.8. All approvals required by this subsection must be in writing by the City Contract Administrator.

32. CONTRACTOR INFORMATION AND CERTIFICATION.

32.1. Contractor shall provide Contractor's Social Security number or Contractor’s federal tax ID number and the additional information set forth below. This information is requested pursuant to ORS 305.385 and OAR 125-246-0330. Social Security numbers provided pursuant to this paragraph will be used for the administration of state, federal and local tax laws.

Name (tax filing): Portland Patrol Incorporated Address: 208 NW 1st Ave. Portland, OR 97209

Citizenship, if applicable: Non-resident alien Yes No Business Designation (check one): Professional Corporation Partnership Limited Partnership Limited Liability Company Limited Liability Partnership Sole Proprietorship Other

Federal Tax ID#: W9 on file City may report the information set forth above in conjunction with any reports it makes to the Internal Revenue Service (IRS) under the name and social security number or taxpayer identification number provided.

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32.2. The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury that: (a) the number shown on this form is Contractor’s correct taxpayer identification; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws named in ORS 305.380(4), including without limitation the state inheritance tax, gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and renters property tax relief program and local taxes administered by the Department of Revenue, including the Multnomah County Business Income Tax, Lane Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri- Metropolitan District Self-Employment Tax; (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the supplied Contractor data is true and accurate.

33. PREFERRED METHOD OF PAYMENT. The City’s preferred method of payment is by check. Please ensure that the remit to address for all payment deliveries is correct and verified with the City. NOTE: Contract Number and the Name of the responsible Contract Administrator for the City of Hillsboro must be clearly displayed on the invoice document.

Page 13 of 15

Page Intentionally Left Blank

[signature page follows]

Page 14 of 15 Signature Page

The Contractor and the City hereby agree to all provisions of this Contract.

Signed this ______day of ______, 20__.

FOR THE CITY: FOR THE CONTRACTOR:

Signature Signature

______Robby______Hammond Name (Printed) Name (Printed)

______City Manager______Title Title

Contract Administrator: Address ______Toni Plunkett______Name (Printed) City, State, Zip ______Program______& Support Manager Title Phone Number Mailing Address ______4415 NE 30th Ave. Fax Number Hillsboro, OR 97124 ______Telephone: 503-681-6406_ Email Address Fax: 503-681-6431_ Email: [email protected]

EXHIBITS FOLLOW ON SUBSEQUENT PAGES:

Exhibit A: City of Hillsboro Request for Proposal dated 4/12/19 Exhibit B: Portland Patrol, Inc. Proposal dated 5/10/19

Page 15 of 15 EXHIBIT A

City of Hillsboro, Oregon Request for Proposals

Armed Security Guard Services

RFP No. FFD-52

Contact: Direct Questions to: Toni Plunkett Email: [email protected] Phone: 503-681-6406

Submit proposals electronically on the City’s ebidding site located at: https://www.hillsboro-oregon.gov/Bid-RFP. Submit Proposals Electronically to: Hard copy proposals will not be considered. Late proposals will not be considered.

Issue Date April 12, 2019

Pre-Proposal Conference There will be no pre-proposal conference

Deadline for Questions and May 2, 2019 Protest of Specifications:

Proposal Due Date Not Later than 2:00:00 PM Pacific Time, May 10, 2019 and Time:

Anticipated Contract Start July 1, 2019 Date:

Request for Proposals (“RFP”) Availability: This RFP is available electronically at the following: https://www.hillsboro-oregon.gov/bid-rfp . Registration is at no charge and vendors need not subscribe to access Hillsboro RFPs and other bidding opportunities.

Table of Contents

1 INTRODUCTION ...... 3

2 STATEMENT OF WORK...... 4

3 PROPOSAL FORMAT, CONTENT, AND SUBMISSION ...... 5

4 PROPOSAL EVALUATION AND AWARD ...... 7

5 SOLICITATION TERMS AND CONDITIONS ...... 9

6 PROTEST OF SOLICITATION OR AWARD ...... 10

7 CONTRACT TERMS AND CONDITIONS...... 11

Attachment A: City’s Contract Form Attachment B: City’s Schedule Attachment C: Cost Proposal Form

1 Introduction

The City of Hillsboro (“City”) seeks written proposals from highly qualified firms able to provide armed security guard services that meet our criteria. .

Contract Term

The City intends to award a single contract as a result of this RFP. The contract term will be up to five years.

Background

1.2.1 About the City of Hillsboro Proposers are encouraged to visit the City’s website (www.hillsboro-oregon.gov) and learn about the City’s history, our strategic plan, projects and initiatives.

1.2.2 Project/Contract Background The City of Hillsboro has provided contracted armed security guard services for the Civic Center Complex for over 13 years. This has proven to be a valuable service that provides security oversight to our very busy multi- story facility, active plazas, fountain area and indoor park complex, as well as our various tenants.

1.2.3 Environmental Sustainability Hillsboro is a community in transition. The City has experienced rapid growth and diversification of its population and economic base over the past 20 years. This growth has created new economic opportunities as well as pressures on economic, social and environmental resources.

The City’s Sustainability Plan details the structure and process of the City’s sustainability efforts, including long range goals, principals, ongoing efforts and new opportunities. The City welcomes the support of our contractors and business community in these efforts.

1.2.4 Participation of Minority-owned, Women-owned and Emerging Small Businesses Minority, Women, and Emerging Small Businesses (“MWESB”) are encouraged to propose. All proposers are encouraged to contact and consider MWESBs when subcontracting or partnering. Businesses or individuals will not be discriminated against on the grounds of race, color or national origin, in the awarding of a contract or contracts resulting from this RFP.

Estimated Spend

The City expects to spend approximately $80,000 annually for these services/products.

RFP Questions, Clarifications and Changes

Any Proposer requiring clarification of the information provided in this solicitation must submit specific questions or comments in writing (preferably in email) to the Contact shown on page 1 of this document. The deadline for submitting such questions is also shown on page 1 of this document.

1.4.1 Changes to the RFP and Addenda If the City determines that additional information or clarification to the RFP is necessary, or if changes are made to the RFP, such information will be supplied in addenda, posted as specified on page 1 of this RFP.

Addenda shall have the same binding effect as though contained in this RFP. The City shall issue all addenda not less than five (5) days prior to Proposals Due.

Verbal statements made by the City’s representatives are not binding on the City unless confirmed by written addendum.

2 Statement of Work

Overview/Project Goals

The City of Hillsboro (“City”) desires to enter into a professional services agreement with a qualified firm who can demonstrate competency and experience in providing armed security guard services, and can provide high quality and responsible service at a competitive price to the City. The firm will be able to provide services for a weekday day shift, as well as provide coverage for several of our City public evening meetings, and Tuesday Market night. We would expect the firm to have enough staff such that staffing schedules can be staggered and aligned so that evening meeting coverage will not create an overtime situation.

Scope of Work

2.2.1 Contractor Tasks/Responsibilities 1) Have experience in the provision, supervision, administration and scheduling of Security Guard Services. 2) The ability to provide Armed Security Guards with the required minimum five (5) years prior active sworn police officer experience. 3) Capable of deploying usual and customary dignitary protection tactics and techniques and be familiar with the executive protection protocols of Federal, State, and local law enforcement agencies. Provide Security Guards who demonstrate the highest standards of personal and professional conduct, and standards of behavior which reflect credit to them, their company and the client. 4) Provide guard personnel that have the skills to maintain security for executive management personnel, staff, and visitors throughout a busy multi-story facility and active plaza, fountain area and indoor park complex. 5) Provide guards skilled in providing security for public meetings, including agendas with contentious subject matters. Skills in walking “a beat” (about a square block area) during the summer coverage schedule to address additional influx of activity. 6) Provide contractor supplied uniforms and equipment. 2.2.2 City Responsibilities City will assign a contract manager who will be the contractor’s primary City contact responsible for coordination and acceptance of work. 2.2.3 Regulations, Licensure or Certification Provide programs to train and maintain security personnel’s certification in First Aid, CPR, AED, Firearms, use of non-lethal weapons (e.g., mace) and hand to hand defensive techniques. 2.2.4 Customer Service The City requires that the Firm have the comunication abilities and skills to provide the City with the most effective and professional advice and to: o Be available in a timely manner, in person, by telephone, fax or email, for consultation or advice; o Follow established procedures regarding which City representative(s) may request advice; 4

o Be familiar with state and federal laws relating to the City; o Submit a daily log of activities and services for each month; o Provide itemized monthly invoices of charges; and o Advise and participate in meetings as requested by the City representative(s).

2.2.5 Schedule See Attachment B – City’s Schedule 2.2.6 Reporting Submit a daily log of activities and services provided by the firm to City’s representative(s) for each month. Keep City’s representative(s) apprised of high level incidents immediately. 2.2.7 Billing Contractor shall submit monthly itemized billings for work performed. Billings should be accurate and timely.

3 Proposal Format, Content, and Submission

City proposal standards

• Proposal will be submitted electronically. See directions in 3.4. • Proposal addresses all evaluation criteria in the order presented in this RFP. • Proposal is 10 pages or less in length, not including attachments, reports or resumes. • Please do not include sales or promotional materials as part of proposal.

These standards are recommended. Proposals not conforming to these standards may receive lower scores if, for example, proposals are overly lengthy or responses to evaluation questions are not easily located within the proposal.

Responding to the Written Criteria

Provide a response to each of the criteria below. Address each criterion completely, and in the order provided. Some items require a narrative response, others will specify a form to complete. All forms are also listed in the proposal content checklist below.

Written Evaluation Criteria

A. Organizational Structure and Experience (Maximum points possible: 20) Briefly describe your organization and its history. You may provide an organization chart if you wish. a. Company Information: Years in business, description of firm and professional staff, locations, firm financial information, former or current litigation. b. Relevant Experience: Experience providing similar services. List of customers (current or former) for which your work most closely resembled the project described in this RFP. Briefly describe including implementation dates, scope of work, and services offered. c. References: Provide 3 references of service providers you serve in a similar capacity and include contact information. Indicate the work/contract value, starting and ending dates, and a brief description of the work/contract. Provide a positive reference for each of the items named above including: the work scope, client name, contact person, his/her title (and department if relevant), phone number, and email. B. Qualifications and Service (Maximum points possible: 25 a. Describe how your company is best qualified and able to meet all aspects of the scope of work described in Section 2. b. Are there any specifications or portions of the scope of work you are unable to meet? c. Describe the infrastructure and resources you have in place to meet/exceed the City’s requirements. d. Describe the processes and procedures you have in place to insure optimum customer service would be provided to the City if contracted. Include any quality control measures. C. Capacity and Key Personnel (Maximum points possible: 25) a. Describe your company’s capacity to perform services to our City. b. Specify the location that will serve our account as well as our key account representative, if contracted. c. How would the City access service and support if contracted? What days and hours is service available? d. List other key personnel and their proposed roles. Provide resumes for key personnel and the percentage time of their work that will be dedicated to this project, if contracted. D. Methodology/Approach (Maximum points possible: 10) a. Describe your approach to this work and your plan for implementation, training, and a proposed schedule. E. Social Justice (Maximum points possible: 5) a. Provide examples of how you/your firm promote and succeed in obtaining workforce diversity within your organization and/or your local community. F. Proposed Price (Maximum points possible:15) a. Provide your proposed pricing as Attachment C to this RFP. Assure pricing proposed includes all services and products you have proposed.

Written Proposal - Total Points Possible: 100

Proposal Content Checklist

This is a summary of the items which should be included in your proposal: Attachment B City’s Schedule Provide narrative responses to Written Written Evaluation Criteria Responses 3.3 A-F evaluation criteria Attachment C Price Proposal Form

Mandatory Requirements

Proposals must meet all Mandatory Requirements specified in the RFP. Proposals not meeting one or more Mandatory Requirements may be rejected as non-responsive. The Mandatory Requirements for this RFP are: The ability to provide Armed Security Guards with the required minimum five (5) years prior active sworn police officer experience. The ability to accommodate City’s Schedule as per Attachment B.

Proposal Submission

Once you have completed your proposal, submit your proposal by uploading it electronically through the City’s ebidding site specified on page 1 of this RFP. Do not submit proposals in hardcopy. Hardcopy proposals shall not be accepted for this RFP process.

If you have questions about submitting, contact BiddingoUSA at (323) 206-4114 or email Purchasing at [email protected].

It is the Proposer’s sole responsibility to ensure that its proposal is delivered prior to the RFP closing date and time. Proposals not submitted to the City’s ebidding site by the due date and time shall be considered late. Late proposals shall be ineligible for award consideration. The ebidding site clock will be used to determine timeliness.

4 Proposal Evaluation

Clarification of Responses

If the City deems one or more proposal needs clarification, it will request such clarification in writing. The City will afford the Proposer(s) contacted an opportunity to respond with the necessary clarification.

Written Proposal Evaluation

An Evaluation Committee, consisting of not less than three individuals, will evaluate the written proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The City may assign certain evaluators specific Evaluation Criteria, in alignment with the evaluator’s expertise. The City may appoint different evaluation committee members to each tier of the evaluation process. The City reserves the right to conclude evaluation after any evaluation tier and all evaluation tiers, beyond the written evaluation tier, will be conducted at the City’s discretion.

Each evaluator shall independently score each proposal in accordance with the Evaluation Criteria and will then sum his or her scores for each proposal. The scores of all evaluators will then be totaled. If there are no other evaluation steps, the City will rank proposals based on scoring and will award to the Proposer whose proposal is most advantageous to the City.

Interviews and Interview Evaluation

At the City’s sole option, interviews may also be conducted. The City will determine those proposers which are highest scoring after written proposal evaluation and will invite these proposers to an interview. These proposers are also known as the proposers “within the Competitive Range”. Each interview evaluator will independently score each proposal in accordance with the Interview Evaluation Criteria and will then sum his or her scores for each proposal. The interview scores of all evaluators will then be totaled. If there are no other evaluation steps, the City will rank proposals based on interview scoring and will award to the Proposer whose proposal is most advantageous to the City.

Interview Evaluation Criteria

If Interviews are conducted the following Interview evaluation criteria will be applied: A. Capacity and Key Personnel (Maximum points possible: 40) a. Describe your company’s capacity to perform services to our City. b. Specify the location that will serve our account as well as our key account representative, if contracted. c. List other key personnel and their proposed roles. Provide resumes for key personnel and the percentage time of their work that will be dedicated to this project, if contracted. B. Methodology/Approach (Maximum points possible: 30) a. Describe your approach to this work and your plan for implementation, training, and a proposed schedule. C. Qualifications and Service (Maximum points possible: 30) a. Describe how your company is best qualified and able to meet all aspects of the scope of work described in Section 2. b. Are there any specifications or portions of the scope of work you are unable to meet? c. Describe the infrastructure and resources you have in place to meet/exceed the City’s requirements. d. Describe the processes and procedures you have in place to assure optimum customer service would be provided to the City if contracted. Include any quality control measures.

Total Interview Points Possible: 100

References

The City reserves the right to investigate references, including customers other than those listed in a Proposer’s submission. This inquiry may include without limitation, investigation of past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors.

Notification of Intent to Award and Negotiation

4.6.1 Notification of Intent to Award The City shall notify Proposers of its Intent to Award by posting such notification on the website specified on page 1 of this RFP, or the City shall notify Proposers of its Intent to Award by emailing such notification to the individual and business named on Attachment A, at the email address provided.

4.6.2 Negotiation The City will conduct a Serial Negotiation process. The City will commence negotiations with the highest-ranked eligible proposer. At any time during negotiations, the City may terminate negotiations with the highest-ranked eligible Proposer. In this event, the City may commence negotiations with the next highest-scoring eligible proposer, and continue the sequential process until the City has either determined to Award the Contract to 8 the eligible Proposer with whom it is currently negotiating; or decided to cancel the Procurement under ORS 279B.100.

4.6.3 Negotiable Items The City reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the City.

5 Solicitation Terms and Conditions

Proposer Cost of Response Preparation

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP.

Submitted Materials are City Property

All materials submitted for any proportion of a Proposal in response to this RFP, or during any tier of this solicitation, will become the property of the City and will not be returned to proposers.

Proposal Validity

Proposals will remain valid for a period of 90 Days following the Proposal submission deadline.

Solicitation Cancellation, Rejection of a Proposal or All Proposals

The City may cancel the Procurement or reject any or all Proposals in accordance with ORS 279B.100.

The City is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a Proposal.

Disputes

In case of any doubt or difference of opinion as to: The items or service to be furnished under this RFP, or the interpretation of the provisions of the RFP, the decision of the City will be final and binding upon all parties.

Publicity

News releases relating to this RFP will not be made without prior approval by, and in coordination with, the City’s Communication department.

Preference for Recycled Materials

The City will give preference for Recycled Materials as set forth in ORS 279A.125 if:

• The Recycled Product is available; • The Recycled Product meets applicable standards • The Recycled Product can be substituted for a comparable non-recycled product; and • The Recycled Product’s costs do not exceed the costs of non-recycled products by more than 5%, or a higher percentage if the City makes such a written determination.

Confidentiality

The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the City to disclose all records generated or received in the transaction of City business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of such exemptions are: trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501 (15)). The City will not disclose records submitted by a proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations.

The Proposer shall mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and shall segregate those pages in the following manner:

• Such pages will be clearly marked “Confidential” on each page of the confidential document. • Proposer will separate confidential pages from its other Proposal pages by providing the confidential pages to the City in a separate envelope or package. • In its proposal, Proposer will cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

Proposers may not mark an entire Proposal confidential. Should a proposal be submitted in this manner, the City will hold no portion of the proposal as confidential, unless such a portion is segregated per the bullets above and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by a court or entity of competent jurisdiction.

Prior to disclosing such information, the City will make reasonable attempts to notify the Proposer of the pending disclosure.

6 Protest of Solicitation or Award

Protest of Solicitation or Contract Documents

Any prospective Proposer wishing to protest this RFP or any provision, specification or contract term herein, must submit such a protest to the Contact on page 1 of this RFP.

The deadline for submitting such protests is the same date as the deadline for questions listed on the first page of this RFP.

6.1.1 Content of Solicitation Protest The prospective Proposer’s written solicitation protest must include all of the following:

• Sufficient information to identify the solicitation that is the subject of the protest; • The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed, or improperly specifies a Brand Name; • Evidence or supporting documentation that supports the grounds on which the protest is based; and • A statement of the desired changes to the Procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

Protest of Contract Award

Adversely affected Proposers who wish to protest the Competitive Range, proposal rejection as non-responsive, the Intent to Award a contract, may do so providing:

• The Proposer is adversely affected because the Proposer would be eligible to be awarded the contract in the event that the protest were successful: and • The reason for the protest is that all higher-ranked proposals are non-responsive; • The City has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the solicitation materials; • The City has abused its discretion in rejecting the protestor’s Proposal as non-responsive or; • The City’s evaluation of Proposals or the City’s subsequent determination of Award is otherwise in violation of its Public Contracting Rules or the Public Contracting Code.

An affected Proposer may only protest its exclusion from a tier of competition if the Proposer is responsible, submitted a responsive proposal and, but for the City’s mistake in evaluating the Proposer’s offer, or other Proposer Offers, the protesting Proposer would have been eligible to participate in the next tier of competition.

All protests must be in writing and physically received by the Purchasing Manager or designee no later than 2:00 PM Pacific Time on the seventh (7th) calendar day after the posted Notice of Intent to Award or postmarked rejection. Address protest to:

Purchasing Manager Finance Department City of Hillsboro 150 E. Main Street Hillsboro, OR 97123

Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

Protests not filed within the time specified time herein, or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based shall be dismissed. An issue that could have been raised by request for clarification or protest of solicitation or contract documents is not grounds for protest.

7 Contract Terms and Conditions

City Contract

Proposers are advised to thoroughly review and familiarize themselves with the City sample standard contract incorporated as Attachment A. The successful proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A. Any contract resulting from this RFP shall be based on the RFP documents and in compliance with the City’s Public Contracting Rules and the Public Contracting Code.

Insurance

Proposers are advised to carefully review the insurance requirements contained in the sample standard contract.

Intergovernmental Permissive Cooperative Agreement

At the discretion of the Contractor and pursuant to ORS 279A and City procurement rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s), under terms and conditions of the resultant contract.

Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligations to the City. Any estimated purchase volumes listed herein do not include other public agencies and the City makes no guarantee as to their participation.

ATTACHMENT A

SAMPLE CONTRACT ATTACHMENT A: SAMPLE CONTRACT

CITY OF HILLSBORO PROFESSIONAL SERVICES CONTRACT

THIS PROFESSIONAL SERVICES CONTRACT ("Contract") is made and entered into this ____ day of ______20__, by and between the City of Hillsboro, a municipal corporation of the State of Oregon ("City") and ______("Contractor"). The parties agree as follows:

1. SCOPE OF WORK. The Contractor shall provide ______services to the City (the “Work”), as more particularly described in City’s Request for Proposal, dated ______, 20__ (“RFP”), and Contractor’s Proposal, dated ______, 20__ (“Proposal”). The RFP and the Proposal are attached to this Contract as Exhibits A and B and are incorporated by reference. In the event of inconsistencies between this Contract and Exhibits A and B, the provisions of this Contract shall control. In the event of inconsistencies between Exhibit A (the RFP) and Exhibit B (the Proposal), the provisions of Exhibit A shall control.

2. EFFECTIVE DATE AND DURATION OF CONTRACT. This Contract shall become effective on ______, 20__. Unless earlier terminated, this Contract shall remain in full force and effect until City accepts Contractor’s completed performance or on ______, whichever first occurs. Expiration of this Contract shall not extinguish or prejudice City’s right to enforce this Contract with respect to any breach of a warranty of Contractor or any default or defect in Contractor performance that has not been cured. This Contract may be extended for an additional two years, upon written notice of City provided to Contractor on or before ______, 20__. Time is of the essence under this Contract.

3. PAYMENT. City agrees to pay Contractor the sum of ______Dollars ($_____) for the Work required under this Contract. The maximum payment, which includes all fees and allowable expenses relating to Contractor’s performance under this Contract, shall not exceed $______.

3.1 Contractor shall submit monthly billings for work performed. The billings shall describe all work performed with particularity, by whom it was performed and shall itemize and explain all expenses for which reimbursement is claimed. Unless the amount and rate of reimbursement are specified in an attached exhibit to this Contract, the City will not reimburse Contractor for any expenses under this Contract.

3.2 City shall pay Contractor for the amount billed each month within thirty (30) days after receiving Contractor’s billing. City shall not pay any amount in excess of the compensation amounts set forth above nor shall City pay Contractor any fees or costs which City reasonably disputes.

OPTIONAL (Delete this clause if not separately reimbursing for travel expenses) 3.3 TRAVEL REIMBURSEMENT: Under this contract, Contractor is to be reimbursed

for travel expenses in addition to other compensation as stated in section 3. Travel reimbursement shall be in accordance with the City’s travel policy to the extent that: coach air fare shall be used, GSA per diem rates will be used for meal reimbursement, lodging costs shall only be for the room and room taxes, car rental shall be at an economy car rate, unless there are extenuating circumstances (i.e. extensive equipment to transport, multiple passengers), which will need a statement of explanation attached and if a personal vehicle is used, reimbursement will be at the IRS mileage rate. A detailed claim for reimbursement shall be on a form similar to the City’s “Actual Travel Expense Form.” A claim for reimbursement is to be submitted with the Contractor’s monthly billings.

OPTIONAL (Delete this clause if not separately reimbursing for miscellaneous expenses) 3.4 MISCELLANEOUS REIMBURSABLE EXPENSES: Under this contract, Contractor is to be reimbursed for miscellaneous expenses such as printing, copies, long distance calls etc. Such expenses shall be itemized in detail on the monthly billing statement without any markup by the Contractor.

5. KEY PERSONNEL. Contractor acknowledges and agrees that the City selected Contractor for award of this Contract because of the special qualifications of Contractor’s key personnel. In particular, through this Contract, City is engaging the expertise, experience, judgment, and personal attention of ______(“key personnel”). Contractor shall not reassign or transfer the key personnel to other duties or positions, such that the key personnel [ARE/IS] no longer available to provide City with [HIS/HER/THEIR] expertise, experience, judgment, and personal attention, without first obtaining the City’s prior written consent to such reassignment or transfer. In the event Contractor requests that City approve a reassignment or transfer of the key personnel, City shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s).

6.1 Contractor agrees, represents and certifies that:

6.1.1 Contractor is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract.

6.1.2 Contractor is not eligible for any federal social security, unemployment insurance, pension, PERS or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract

6.1.3 Contractor has filed federal and state income tax returns in the name of the business as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year.

6.1.4 Contractor agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of Contractor’s obligations under this Contract. Contractor shall be qualified, professionally competent and duly licensed to perform the work and services at all times during the term of this Contract. 6.1.5 Contractor is not an employee of Metro, any special district, or local government, including City, the federal government or the State of Oregon.

6.1.6 Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and will apply that skill and knowledge with care and diligence to perform the Work under this Contract in a professional manner and in accordance with standards prevalent in the Contractor’s industry, trade or profession.

6.1.7 Contractor has the power and authority to enter into and perform this Contract and when executed and delivered, this Contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

6.1.8 Contractor has read, understands and agrees to be bound by each of the terms and conditions of this Contract.

6.1.9 Contractor prepared its Proposal, Exhibit B to this Contract, independently from all other proposers, and without collusion, fraud or other dishonesty.

6.2 Upon City’s request, Contractor shall provide City with evidence reasonably satisfactory to City confirming the foregoing covenants and warranties. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other provided warranties.

8. SUBCONTRACTORS, ASSIGNMENT; SUCCESSORS-IN-INTEREST. Except as specifically authorized in the contract documents, Contractor shall not make any subcontract with

any other party for furnishing any of the work and services contemplated under the contract documents or assign or transfer any interest in this Contract, without obtaining the express prior written consent of City. In any case, this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any.

10. PAYMENT OF LABORERS; PAYMENT OF TAXES.

10.1 Contractor shall:

10.1.1 Make payment promptly, as due, to all persons supplying to the Contractor labor and material for the prosecution of the work provided for in the contract documents (ORS 279B.220(1));

10.1.2 Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract (ORS 279B.220(2));

10.1.3 Not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished (ORS 279B.220(3)); and

10.1.4 Be responsible for all federal, state and local taxes applicable to any compensation or payments paid to the Contractor under this Contract and pay to the Department of Revenue all sums withheld from employees under ORS 316.167. Unless the Contractor is subject to backup withholding, the City will not withhold from such compensation or payments any amount(s) to cover the Contractor's federal or state tax obligation (ORS 279B.220(4)).

10.2 If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract.

10.3 The payment of a claim in this manner shall not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims.

10.4 The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose

of providing or paying for such service. (ORS 279B.230(1)).

10.5 Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements (ORS 279B.230(2)).

11.1 Contractor shall pay employees for services as stated in ORS 279B.235(1). The employee shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime.

12. INSURANCE. Contractor shall obtain prior to beginning any work under this Contract and shall maintain in full force and effect for the term of this Contract, at Contractor's expense, comprehensive general liability to include bodily injury and property damage for at least $1,000,000 per occurrence and at least $2,000,000 aggregate per project. Automobile liability with a combined single limit coverage of not less than $1,000,000 to include bodily injury and property damage and shall include coverage for owned, hired and non-owned vehicles, as applicable, for the protection of the Contractor and the City of Hillsboro. Contractor shall name the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds. The policies shall be primary to and non-contributory with any insurance or self- insurance carried by the City, issued by a company authorized to do business in the State of Oregon. The Contractor shall provide the City written notice within thirty (30) days of cancellation or material modification of the insurance contract at the address listed below.

Contractor shall provide certificates of insurance and additional insured policy endorsement to City prior to commencement of any work under this Contract. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance used to satisfy these requirements.

OPTIONAL (Delete if City is not relying on Contractor’s Professional Expertise, i.e. drawings or plans created and ‘stamped’ by an Architect or Engineer or other Professional.) 12.1 PROFESSIONAL LIABILITY INSURANCE. In addition to other insurance requirements stated above, and if this insurance is applicable, Contractor shall also provide City evidence of professional liability insurance in the amount of not less than $1,000,000 per claim. Contractor shall keep in force and effect the professional liability policy for at least one year after the expiration of the contract with City. In any case, Contractor shall notify City in the event of a cancellation or reduction in limits. Unless such cancellation or reduction is immediately cured by Contractor, such cancellation or reduction constitutes a breach of this Contract.

13. INDEMNIFICATION. Contractor shall indemnify, defend, save and hold harmless the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers against all liability, claims, suits or actions of whatsoever nature, loss or expenses, including attorney fees, and against all claims, actions, judgments based upon or arising out of damage or injury or death to persons or property, but only to the extent caused by a negligent act or omission by the Contractor and anyone acting on Contractor's behalf in connection with, or incidental to, this Contract or the work to be performed hereunder; provided, however, that nothing herewith shall be construed to require indemnification of City attributable to its own negligence. In addition, Contractor expressly agrees to defend, indemnify and hold the City of Hillsboro, its elected and appointed officials, officers, agents, employees and volunteers against all liability, claims, suits, actions, loss or expenses, including attorney fees, arising out of or related to any claims that the Work, the Work Product, or any other tangible or intangible items delivered to City by Contractor may be the subject of protection under any state or federal intellectual property law or doctrine, or the City’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design or other proprietary right of any third party.

14. CONFIDENTIALITY. No reports, information and data given to or prepared or assembled by Contractor under the contract documents shall be made available by Contractor to any individual or organization (except City) without the prior written approval of City.

15. RECORDKEEPING. Contractor shall maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document the Contractor's performance hereunder. All such fiscal records, books, documents, papers, plans, and writings shall be retained by Contractor and kept accessible for a minimum of six (6) years, except as required longer by law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

16. ACCESS TO RECORDS. Contractor agrees that City and its authorized representatives

shall have access to all books, documents, papers and records of the Contractor which are directly related to the Contract for the purpose of making any audit, examination, copies, excerpts and transcripts.

17. FOREIGN CONTRACTOR. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this Contract..

18. GOVERNING LAW; JURISDICTION; VENUE. This Contract shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “the claim”) between City and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the circuit court of Washington County for the State of Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Contractor, by its execution of this Contract, hereby consents to the in personam jurisdiction of said courts.

19. OWNERSHIP OF WORK PRODUCT.

19.1 As used in this Paragraph 19, and elsewhere in this Contract, the following terms have the meanings set forth below:

19.1.1 “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Work.

19.1.2 “Third Party Intellectual Property” means any intellectual property owned by parties other than City or Contractor.

19.1.3 “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to City pursuant to the Work.

19.2 All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of City. City and Contractor agree that such original works of authorship are “work made for hire” of which City is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to the Work is not “work made for hire,” Contractor hereby irrevocably assigns to City any and all of its rights, title, and interest in all original Work Product created pursuant to the Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon City’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in City. Contractor forever waives any and all rights relating to original Work Product created pursuant to the Work, including without limitation, any and all rights arising under 17 USC §106A or any other rights of

identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

19.3 In the event that Work Product created by Contractor under this Contract is Contractor Intellectual Property, a derivative work based on Contractor Intellectual Property, or is a compilation that includes Contractor Intellectual Property, Contractor hereby grants to City an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property employed in the Work Product, and to authorize others to do the same on City’s behalf.

19.4 In the event that Work Product is Third Party Intellectual Property, a derivative work based on Third Party Intellectual Property, or a compilation that includes Third Party Intellectual Property, Contractor shall secure on City’s behalf and in the name of the City, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on City’s behalf.

20. ERRORS. Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost to City.

21. TERMINATION.

21.1 This Contract may be terminated at any time by mutual consent of both parties.

21.2 Contractor may terminate this Contract upon thirty (30) days’ written notice to City if City fails to pay Contractor pursuant to the terms of this Contract and City fails to cure within thirty (30) days after receipt of Contractor’s notice or such longer period of cure as Contractor may specify in such notice.

21.3 City, in its sole discretion, may terminate this Contract, in whole or in part, upon thirty (30) days notice to Contractor.

21.4 City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as may be established by City in such notice, upon the occurrence of the following events: (i) federal or state laws, regulations or guidelines are modified or interpreted in such a way that the work or services provided under this Contract are prohibited or City is prohibited from paying for such work or services from the planned funding source; (ii) Contractor no longer holds any license or certificate that is required to perform the work or services; or (iii) Contractor commits any material breach or default of any covenant, warranty, obligation, certification or agreement under this Contract, fails to perform the work or services under this Contract within the time specified herein or any extension thereof, or so fails to pursue the work or services as to endanger Contractor’s performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within ten (10) days after delivery of City’s notice or such longer period as City may specify in such notice.

21.5 In the event of termination under paragraphs 21.1, 21.2, 21.3 or 21.4(i), Contractor’s sole remedy shall be a claim for the sum designated for accomplishing the work or services multiplied by the percentage of work or services completed and accepted by City, less previous amounts paid and any claim or claims which the City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this paragraph 21.5, Contractor shall pay any excess to City upon demand.

21.6 In the event of termination under paragraphs 21.4(ii) or 21.4(iii), City shall have any remedy available to it in law or equity.

21.7 Upon receiving a notice of termination, Contractor shall immediately cease all activities under this Contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverable had the Contract been completed. Upon City’s request, Contractor shall surrender to anyone City designates, all documents, research or objects or other tangible things needed to complete the work or services. 22. ATTORNEY FEES. If a suit or action is filed to enforce any of the terms of this Contract, each party is responsible for their respective costs and fees, including attorney fees.

23. FUNDS AVAILABLE AND AUTHORIZED, NON-APPROPRIATION OF FUNDS. City has sufficient funds currently available and authorized for expenditure to finance the costs of this Contract, during the current fiscal year ending June 30, 20__. Contractor recognizes that the funding of services pursuant to this Contract is subject to annual appropriation by the City Council as required by the Oregon Local Budget Law, ORS 294.323 and related provisions, which appropriation may not be made in subsequent fiscal years. As such, the City may terminate this agreement at any time based on the City Council’s non-appropriation of funds required to perform its obligations under this Contract.

24. SEVERABILITY. The parties agree that if any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

25. FORCE MAJEURE. Neither City nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, City’s or Contractor’s reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract.

26. WAIVER. The failure of City to enforce any provision of this Contract shall not constitute a waiver by City of that or any other provision.

27. RECYCLABLE MATERIALS. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(ee)),

recycled PETE products (as defined in ORS 279A.010(ff)), and other recycled products (as “recycled product” is defined in ORS 279A.010(gg)).

28. NOTICE. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile or mailing, postage prepaid, to Contractor or City at the address or number set forth on the signature page of this Contract, or to such other addresses or numbers as either party may hereafter indicate pursuant to this paragraph 28. Any communication or notice so addressed and mailed shall be deemed to be given five (5) days after mailing. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against City, such facsimile transmission must be confirmed by telephone notice to the City Manager. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. 29. CONTRACTOR INFORMATION AND CERTIFICATION.

29.1 Contractor shall provide Contractor's Social Security number or Contractor’s federal tax ID number and the additional information set forth below. This information is requested pursuant to ORS 305.385 and OAR 125-246-0330. Social Security numbers provided pursuant to this paragraph will be used for the administration of state, federal and local tax laws.

Name (tax filing):______

Address: ______

Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No Business Designation (check one): [ ] Professional Corporation [ ] Partnership [ ] Limited Partnership [ ] Limited Liability Company [ ] Limited Liability Partnership [ ] Sole Proprietorship [ ] Other

Federal Tax ID#: _____-______or SSN#: ______-______-______City may report the information set forth above in conjunction with any reports it makes to the Internal Revenue Service (IRS) under the name and social security number or taxpayer identification number provided.

29.2 The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury that: (a) the number shown on this form is Contractor’s correct taxpayer identification; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws named in ORS 305.380(4), including without limitation the state inheritance tax, gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and renters property tax relief program and local taxes administered by the

Department of Revenue, including the Multnomah County Business Income Tax, Lane Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri-Metropolitan District Self-Employment Tax; (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the supplied Contractor data is true and accurate.

30. PREFERRED METHOD OF PAYMENT: The City’s preferred method of payment is by a MasterCard credit card. Please indicate if you are able to accept payment via credit card. Will accept payment by a MasterCard credit card [ ] Yes [ ] No

[signature page follows]

The Contractor and the City hereby agree to all provisions of this Contract.

Signed this ______day of ______, 20__.

FOR THE CONTRACTOR: FOR THE CITY:

Signature Signature

______Name (Printed) Name (Printed)

______Title Title

Address Contract Administrator:

______City, State, Zip Name (Printed)

______Phone Number Title

______Mailing Address Fax Number 150 East Main Street ______Hillsboro, OR 97123 Email Address Telephone: 503-681-_____ Fax: 503-681-_____ Email: ______www.ci.hillsboro.or.us

EXHIBITS FOLLOW ON SUBSEQUENT PAGES:

Exhibit A: ______Exhibit B: ______Exhibit C: ______

ATTACHMENT B

CITY’S SCHEDULE ATTACHMENT B

City of Hillsboro Armed Guard Security Services Schedule

Civic Center Schedule

Standard Public Meetings Coverage Planning Commission 2nd & 4th Wednesday of the month Planning & Zoning Hearings Board 1st & 3rd Wednesday of the month Hillsboro Landmarks Advisory Committee (HLAC) 3rd Wednesday of the month City Council 1st & 3rd Tuesday of the month Finance Committee 2nd Tuesday of the month Transportation Committee 4th Tuesday of the month Municipal Court Every Tuesday AM

Coverage Hours Monday--Friday 8:30 AM - 5:30 PM*

Ad Hoc Coverage *Coverage of meetings listed above or additional events as needed

Coverage Schedule Day Coverage Hours Frequency

Weekly - 52 weeks Monday Regular Civic Center Complex/Block Patrol 8:30 AM 5:30 PM (unless City offices are closed)

Muni Court Council Finance Committee 5:30 PM or Transportation Committee until after Regular Civic Center Complex/Block Patrol public Tuesday Market coverage until 9:00 PM after duties of meeting Weekly - 52 weeks Tuesdays public meeting are fulfilled 8:30 AM ** or Market (unless City offices are closed)

Planning Commission 5:30 PM or Planning & Zoning Hearings Board until after Hillsboro Landmarks Advisory Committee public Weekly - 52 weeks Wednesday Regular Civic Center Complex/Block Patrol 8:30 AM meeting (unless City offices are closed)

Weekly - 52 weeks Thursday Regular Civic Center Complex/Block Patrol 8:30 AM 5:30 PM (unless City offices are closed)

Weekly - 52 weeks Friday Regular Civic Center Complex/Block Patrol 8:30 AM 5:30 PM (unless City offices are closed)

Initial ______ATTACHMENT C

COST PROPOSAL FORM Attachment C: Price Proposal

Provide breakdown of costs. Assumptions for this element should be: • Armed guard with minimum, five (5) years prior active sworn police officer experience; • Contractor supplied uniforms and equipment; • Management, supervision, and associated overhead costs; • Training and certification costs; • Service location at the Hillsboro Civic Center Complex

Price Sheet • Provide an armed rate schedule, as well as hourly overtime rates for an individual working more than 40 hours per week. And any other fees and charges normally attributable to such services [such fees are NOT for low-bid purposes but rather will be used as the basis for negotiations with the selected Contractor related to costs and flexible hours of service to meet the needs of the City • Detail the fee structure and operation plan that you would propose to utilize for this contract. For example, flexing shift times or staff personnel to provide services within our typical outlined schedule so that over time rates are not incurred • Provide a proposed rate schedule for evening ad hoc meetings, including the minimum call out time, and minimum advance notice time • Provide an hourly unarmed rate schedule

ADDENDUM No. 1

To: RFP #FFD-52, Armed Security Guard Services

Addendum Date: April 16, 2019

Closing Date and Time: no change

Item 1: Change Change to Attachment B City's Schedule, see attached.

- End - ATTACHMENT B

City of Hillsboro Armed Guard Security Services Schedule

Civic Center Schedule

Coverage Hours Monday--Friday 7:30 AM - 5:00 PM*

Ad Hoc Coverage *Coverage of meetings listed above or additional events as needed

Coverage Schedule Day Coverage Hours Frequency

Weekly - 52 weeks Monday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM (unless City offices are closed)

Muni Court Council Finance Committee 5:00 PM or Transportation Committee until after Regular Civic Center Complex/Block Patrol public Tuesday Market coverage until 9:00 PM after duties of meeting Weekly - 52 weeks Tuesdays public meeting are fulfilled 7:30 AM ** or Market (unless City offices are closed)

Planning Commission 5:00 PM or Planning & Zoning Hearings Board until after Hillsboro Landmarks Advisory Committee public Weekly - 52 weeks Wednesday Regular Civic Center Complex/Block Patrol 7:30 AM meeting (unless City offices are closed)

Weekly - 52 weeks Thursday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM (unless City offices are closed)

Weekly - 52 weeks Friday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM (unless City offices are closed) r1 EXHIBIT B

RESPONSE TO: City of Hillsboro, Oregon CONDIFENTIAL Public records exemption from disclosure, [ “Trade Secrets” including plans, Type the document subtitle] REQUEST FOR PROPOSALS formulas, etc., ORS.192.345(2) No. FFD-52 PPI Employee Training Plan, ATTACHMENT E REDACTED For

Armed Security Guard Services

Portland Patrol Inc. 208 NW 1st Ave Portland, OR 97209 (503) 224-7383 main (503) 224-5041 fax

May 10, 2019

Toni Plunkett Program & Support Manager Facilities & Fleet /Public Works City of Hillsboro |

RE: Request for proposal for Armed Security Guard Services RFP No. FFD-52

Ms. Plunkett:

Portland Patrol Inc. hereby submits its response to the City of Hillsboro RFP for Armed Security Guard Services. It has been our pleasure to be the contract holder delivering security guard services for the Civic Center Complex for the past thirteen years, and we sincerely hope to continue in the future in accordance with this new contract offering.

The following persons are authorized to negotiate and sign any contract that may result from this proposal. Dorian Yee will be the primary point of contact for this RFP.

Pam Aneshansley Hren, CEO Dorian Yee, President Portland Patrol Inc. Portland Patrol Inc. 208 NW First Ave. 208 NW First Ave. Portland, OR 97209 Portland, OR 97209 Direct 503-224-7383 Direct 503-224-7383 Fax 503-224-5041 Fax 503-224-5041 [email protected] [email protected]

Portland Patrol Inc. is Equal Employment Opportunity (EEO) certified.

Please do not hesitate to let us know if you have any questions. Sincerely, Dorian Yee Dorian Yee President

Portland Patrol Inc. 208 NW First Ave., Portland OR 97209 (503) 224-7383 An Equal Opportuinity Employer

Portland Patrol Inc.

3.3 Written Evaluation Criteria

A. Organizational Structure and Experience a. Company Information: Portland Patrol Inc. (PPI) is a locally owned, Oregon DPSST certified, and state licensed private security company. We have specialized in providing armed and unarmed security services for both public and private organizations in Oregon for nearly twenty-two years, since 1997. Working closely with the Portland Police Bureau, TriMet Transit Police, the Multnomah County District Attorney's Office, the City of Portland, the Portland Business Alliance, numerous businesses, neighborhood organizations and other security providers, PPI employees work to ensure the safety and security of individuals, businesses, and open spaces in downtown Port- land and in surrounding areas, including the City of Hillsboro, Civic Center.

Among security providers, PPI fulfills a unique role. Recognized as a national model, PPI has the honor of being the only private security agency in the country to have police officers housed in a private security office. PPI works in collaboration with the Portland Police Bureau (six Portland police officers are contractually assigned to work at PPI) in response to order maintenance problems on the streets of Portland, in private and public downtown businesses and city parking garages. These are typically lower levels of criminal and unwanted activities, such as loitering and trespass, public intoxication, skateboarding and bicycle riding, aggressive or threatening behavior, illegal drug activities and persons with mental health problems. PPI officers are also frequently called to defuse problems associated with large groups of people disturbing or blocking access to public sidewalk areas or local businesses. On occasion, even other security companies call PPI to respond to disturbances or unwanted problems in front of their businesses or locations where they provide security services.

PPI’s president and the CEO each have many years of executive business experience and the COO is a retired law enforcement captain with over 27 years’ policing experience. As a team, they provide an exceptional foundation to effectively manage PPI operations and understand and address public safety issues.

Location: PPI offices are located locally in downtown Portland at NW 1st and Davis Street. PPI is an S-corporation and currently under no litigation actions. b. Relevant Experience:

Hillsboro Civic Center: PPI has been the security services provider for the City of Hillsboro in the Hillsboro Civic Center (HCC) since June 2006. During this time, we have developed an exceptional working relationship with the Hillsboro Police Department, Hillsboro Business Association, Tuesday Market merchants and the Hillsboro City Council. PPI security and supervisory staff meet with HCC staff as needed to identify security problems or to consult on public safety issues. PPI security officers also work closely with Hillsboro Police Dept (HPD), have direct radio communication, and provide an experienced support source for HPD on public safety issues on or near the Civic Center.

Downtown Clean & Safe (C&S): is a private, nonprofit organization that contracts with the Portland Business Alli- ance to provide enhanced cleaning and security services to downtown Portland property owners. Under contract, PPI has successfully fulfilled the security portions of the Clean & Safe program since 1997 and, more recently, included the Portland Mall Management Inc. contract for security services along TriMet tracks and the Portland Transit Mall. This program is nationally recognized for its innovative approach to problem-solving techniques in open space security in an urban environment. The current contract dates are July 2018 extendable to June 2020.

Portland Patrol Inc.

Under the scope of work, PPI provides security services to 213 square blocks in the Downtown and Old Town Chinatown areas of Portland. Business Improvement Districts from around the nation have come to Portland to analyze our operations with hopes of replicating the Clean & Safe success. This program is the only one in the nation in which private security and local police work together in the same program, under the same roof. Both armed and unarmed PPI officers, working closely with Portland Police, patrol sidewalks and open areas on both foot and bicycle patrols, including three-wheeled electric vehicles. They respond to dispatched calls for service and initiate contact with individuals needing assistance or engaging in unwanted behavior. PPI’s goal is to provide excellent customer service and to solve problems. PPI believes that any problem can be solved with the right people working together to develop workable strategies.

SmartPark Garage System: In June 1999, the Association for Portland Progress approached PPI to take over security in the City’s SmartPark parking garage system which consists of six major parking garages located in downtown Portland. The security provider at that time had failed to meet the requirements of the contract. PPI provided security services from July 1999 – July 2003, and in 2005, PPI was again asked to take over the contract for SmartPark garage security after the security provider again failed to meet the contract provisions. PPI has held the contract for SmartPark garage security ever since. During these periods, PPI’s security services have dramat- ically reduced the number of crimes occurring in the SmartPark garages. The resulting low crime environment caused an increase in the number of parking customers because the garages are safe and free from detractors. This has in turn increased the number of downtown shoppers and visitors. PPI officers patrol the six SmartPark garages using both foot and bike patrols, respond to dispatched calls and engage persons trespassing in the garages or otherwise involved in unwanted activities. Officers may also issue a written trespass exclusion to persons in city garages without a vehicle. The current SmartPark contract date began in July 2018 and is extendable for up to ten years.

Portland Mall Management, Inc. (PMMI) Since 2008, PPI has contracted to provide security services on and around PMMI’s Transit Mall and Light-Rail Transit (LRT) loop. Officers are trained to monitor and patrol transit stop areas and Max platforms for problems that violate TriMet policies and city ordinances i.e., alcohol, illegal drugs, aggressive behavior, disorderly conduct and Interference with Public Transportation. PPI officers are trained to be familiar with Transit Mall schedules and frequently provide route information to citizens and visitors. Where problems are significant, PPI regularly assigns officers to post in the area for periods of time as a deterrent and to reduce safety concerns of customers using the rail and bus system. While PPI officers are not authorized to patrol on the Max trains or buses, PPI will communicate information about problems to drivers or transit authorities, when necessary. In emergencies, PPI officers may step onto a train or bus to follow a serious offender to provide continuous updates for police until the offender is apprehended. PPI takes its responsibility seriously on the Transit Mall and LRT loop. Officers are instructed and trained to take problem solving steps whenever possible within the PMMI contract area. The PMMI contract is extendable through Jun 2020.

Tri-County Metropolitan Transportation District of Oregon (TriMet) Beginning in August 2018 and extendable for four additional years, PPI contracts with TriMet to provide a visible security presence on TriMet vehicles (MAX, buses), platforms and other TriMet properties. Officers act as a deterrent to criminal activity and enforce TriMet codes via issued warnings and exclusions as provided in the standard operating orders. Unwanted activities include disorderly conduct, skateboarding, vandalism, theft, assaults, smoking, loitering and public drinking. Officers will also provide assistance to TriMet personnel, other security and police when requested, and perform the role of good will ambassadors for TriMet customers as a friendly source of contact, information and directions.

Portland Patrol Inc.

Pioneer Courthouse Square PPI provided security services for the Pioneer Courthouse Square from 1998-2006. Prior to this time there were serious problems in Pioneer Square concerning illegal and disruptive activities frequently enough that Portland Police were forced to close the Square on an average of three times per month. In the eight years that PPI was responsible for security in the Square police had to close it only once.

Portland Downtown Parks For approximately fifteen years, from 1997 through March 2012, the City of Portland contracted with PPI to provide security services to multiple downtown Portland parks (twelve total), including Waterfront Park, the East Bank Esplanade, O’Bryant Square, South and North Park Blocks, Lovejoy Park, Pettygrove Park, Ira Keller and Ankeny Square. PPI worked together with both the Bureau of Parks and the Portland Police Bureau to ensure that the downtown parks were safe and user-friendly. PPI developed and managed a bicycle program that provided security to the downtown parks. Armed and unarmed bicycle and foot patrol officers provided Parks Bureau security services, while the Portland Police Bureau trained and certified all the PPI bike officers. As with all contracts dealing with interactions with people and problems in a public environment, flexibility is important to success. PPI supervisors monitored shifting problems and responded to complaints or calls for service by refocusing security resources on problem areas. In order to control costs, PPI successfully rearranged and shifted levels of service within the Parks as dictated by budget issues and security needs, while still maintaining appropriate levels of safety and enforcement in the parks during various peak and non-peak seasons.

Ralph Schlesinger Company, LLC: Beginning in September 2016, PPI has contracted to provide security services at the Schlesinger buildings and parking garage located in Portland at 610 SW Alder. PPI officers provide building access security, routine patrols of building floors and open areas, and bike patrols of all garage levels. Officers make contact with unauthorized people in the garages, report criminal behavior i.e., vandalism and trespass, report and photograph safety problems, maintain security log books and prepare incident reports. With this contract, PPI officers began using the latest technology in electronic security patrol management using GuardTek software by Trackforce. This technology improves patrol efficiency and provides “digital logbook” features to enhance tracking of security problems, documentation, maintenance concerns, problem individuals and communication with supervisors and clients. This contract has been renewed each year since 2016 and is extendable indefinitely at the pleasure of the client. c. References: Listed below are three references for current PPI contracts with work/contract values ranging from $30,000-$1,600,000 annualized.

1. Maureen Fisher, Executive Director of Clean & Safe, Portland Business Alliance, 200 SW Market St., Suite 150, Portland, OR 97201 Phone: 503-552-6766; email: [email protected]

PPI has held the Clean & Safe contract since 1997; the current contract runs from July 2018 to June 2020. PPI provides security services primarily by foot and bicycle patrols throughout the 213 block downtown Portland Busi- ness Improvement District. Officers respond to dispatched calls and self-initiated contacts with persons in need of assistance or those engaged in unwanted behaviors. PPI works closely with Portland Police officers as partners in addressing crime and disorder issues.

2. Mark Schlesinger, Senior Property Manager, Schlesinger Companies, 610 SW Alder St., Suite 1221, Portland, OR 97205 Phone: 503-223-4128; email: [email protected]

Portland Patrol Inc.

PPI contracted with Schlesinger Properties beginning September 2016 renewable annually. PPI officers provide foot and bicycle patrols of the Schlesinger office building and parking garage at SW 6th and Alder St. Officers provide building access control, key management, floor and open space security of the administrative building and general security patrols of the parking garages to engage unwanted or unauthorized persons in the garages, document criminal behavior and report problems to the police as needed.

3. Michael Jacobs, SmartPark General Manager, City Of Portland Bureau of Transportation, 1120 SW 5th Ave., Suite 900, Portland, OR 97204 Phone: 503-823-7527; email: [email protected]

Outside of two short breaks in service, PPI has provided continuous contracted security services in Portland’s six SmartPark garages since 1999. The current contract started in July 2018 and is extendable up to ten additional years. PPI officers on foot and bike patrols provide security patrols 24/7 of at the garages, respond to dispatched calls for service, initiated contact with unauthorized persons in at the garages without a vehicle, document and report criminal behavior or safety concerns, solve problems and exclude trespassers using the City of Portland Trespass Exclusion form.

B. Qualifications and Service a. Describe how your company is best qualified and able to meet all aspects of scope of work: We believe that PPI is the best security company in Oregon with the highest level of customer satisfaction and problem-solving successes. As a result, PPI security contracts are typically long term, multiple year agreements. Management and oversight of PPI operations is administered by a highly professional staff with extensive executive law enforcement experience and financial and business relationship experience -please refer to company resumes in Attachment D. The owner of PPI is John Hren who is a retired Portland Police Bureau captain and the company president is Dorian Yee who has 35 years’ experience in the financial services sector. The CEO is Pam Aneshansley Hren who has extensive management and supervisory experience focusing on risk management, quality control and policy development. As a management team they are responsible for PPI’s strategic direction, human capital invest- ment, customer accountability, financial duties and compliance with state and federal laws. Working together they continuously promote excellent customer service, integrity, professionalism, customer satisfaction and accountability in how we provide security services. These values are reinforced throughout our training and in daily roll calls. Mr. Hren believes that all security work is problem-solving based and that virtually all problems are solvable - the most difficult problems simply require bringing the right team together. b. Are there any specifications or portions of the scope of work we are unable to meet? No, PPI is confident in achieving or exceeding the scope of work set out in this RFP. c. Describe the infrastructure and resources in place to meet the HCC requirements: PPI’s infrastructure is patterned in much the same way that many law enforcement agencies are configured i.e., Portland Police or Hills- boro Police. PPI is led by a senior management team consisting of the owner, CEO and president. Operationally, PPI is supervised by COO Tom Hunt a retired Portland Police captain. Below Mr. Hunt are several shift lieutenants and sergeants (typically retired or prior police officers) responsible for managing the day to day operations and scheduling. The remaining line-level ranks consist of armed (prior police) and unarmed security officers who are typically college students. Officers conduct security patrols of sidewalks and open spaces or are assigned fixed post positions inside businesses or office buildings. They provide helpful customer services and engage in problem solving activities concerning security issues. PPI also maintains the services of a human resources manager and

Portland Patrol Inc.

book keeper, recruiter and human development manager, full-time dispatcher, DPSST certified trainer and a scheduling supervisor who manages the PPI electronic scheduling system. Working together, PPI managers, supervisors and support services ensures PPI has adequate levels of qualified and trained security officers to meet all of our contract requirements. d. Describe the processes and procedures in place to insure optimum customer service: PPI management and supervisory staff place the highest value on providing excellent customer service. Its importance is integrated throughout our organization and services. As mentioned earlier, PPI supervisors reinforce with our officers and other staff members the importance of high-quality customer service in daily roll calls, but also as part of employee performance feedback, during staff meetings, complaint investigations, In-service training, customer contacts and during the recruitment and hiring process. Our members are taught to actively listen to complaints or concerns and ask open-ended questions to gather necessary information to solve problems. Officers are trained to understand the value in creating positive relationships with businesses or people who visit, live and work among our clients. PPI receives few service complaints, but when they occur PPI written policy stipulates that complaints will be thoroughly investigated and evaluated within five days including feedback with the complainant. Our officers are also trained in various techniques to effectively record data in their notebook, create photographic records, log detailed information, capture electronic records and write incident reports as needed to ensure our clients, and when necessary, the police have accurate information. All officers assigned duties at the HCC are provided training in first aid, CPR and use of an AED.

C. Capacity and Key Personnel a. Describe your company’s capacity to perform services to our City: As the current contract holder for security services at HCC, PPI has identified two highly qualified officers who are very experienced and familiar with HCC and the local community. Each of the officers work together as a team, working part-time hours and flexing shifts to ensure effective coverage of HCC operations and special activities without creating an overtime situation. Ad- ditionally, PPI has in place several backup officers who are experienced and trained in HCC protocols so that they can step in when needed. PPI dispatchers are responsive to the needs of our clients 24 hours a day and capable of initiating call out services during unexpected circumstances. Supervisors and officers assigned to the HCC contract average 20 years active sworn law enforcement experience during which time they have developed high standards of professional service highlighting knowledge of the laws and ordinances, dealing with difficult people or groups, providing a strong security presence, providing excellent customer service and in solving problems in a calm and measured response. We believe no other security company can provide this quality of armed experience and service.

As prior police officers, each has received ongoing certified training over the span of their careers and during their time as PPI armed officers, enabling them to develop the knowledge and skills necessary to scan for and recognize threats to public safety — and the necessary steps needed to manage the threats and minimize risk or loss. Of- ficers have had ongoing training in First Aid, CPR, AED, firearms and use of non-lethal weapons e.g. pepper spray and hand-to-hand control measures. Additionally, all PPI officers receive ongoing training in helping people in crisis and with mental health emergencies. Please refer to Attachment E, PPI Training Plan.

Each member of our armed staff assigned to HCC has successfully completed state, federal or military police acad- emies and has had ongoing police training in dealing with large crowds, demonstrations and protecting visitors and dignitaries. Techniques include monitoring crowds for potential threats, accurately assessing and employing reasonable tactics to control and de-escalate, evacuate bystanders or reduce threats. Each PPI officer assigned to

Portland Patrol Inc.

this contract has developed skills through training and practice in the use of mediation and negotiation as primary tools in addressing disturbances and conflicts. For example, our officers have previously demonstrated these skills in handling problems with crowds outside of the Hillsboro Municipal Courtroom and in addressing large groups of skateboarders hanging out around the Civic Center fountain and Tuesday Market areas during the summer months. They also have met to discuss problems i.e., graffiti or loitering regularly with area businesses that are close to the Civic Center. This is accomplished by walking a “beat” in the immediate area of the HCC to build relationships with area businesses and residents, develop information about problems and how steps to resolve them.

During emergencies, PPI officers assigned to HCC are trained to take immediate steps i.e., rendering emergency aid, providing safe routes for bystanders and directing EMS or police response. In a broad sense, PPI officers are trained to take quick action in emergencies that is consistent with DPSST training, city ordinances and PPI policies. More specifically, PPI policy directs our officers to “go towards the emergency” to assess and make notifications, provide information for a safe approach by emergency responders, provide witness or victim information to the police, provide any specific information such as weapons or direction of travel, and ensure continuous updated information on the event. In the event of a crime, PPI officers are also trained to protect evidence left at the scene for police. Officers are also required to document incident information in a report and notify HCC personnel per HCC policies.

PPI adheres to a “hands off” policy in addressing disturbances or threats i.e., with individuals causing alarm, during public meetings or other gatherings. Officers’ actions are geared towards that policy except in rare cases when use of force is unavoidable. Officers are taught to request compliance, and to ask for cooperation when convinc- ing a person to move on or desist. Officers are taught that unless there is an immediate and unavoidable threat, they should consider alternative actions to the use of force, such as maintaining or retreating to a safer position, monitoring/reporting the subject’s actions, providing options for bystanders to escape risk and calling police for assistance. PPI provides ongoing training and clear, written policies regarding handling violent or threatening subjects and use of force. b. Specify the location that will service our account as well as our key account representative:

As a locally owned security company, services are delivered from the following downtown Portland location: 201 NW First Ave., Portland, OR 97209.

Our key account representative is Lt. Jeff Kaer. Jeff is the day shift lieutenant at PPI working M-F, and can be reached at 503-224-7383. Jeff is a retired police lieutenant after 27 years with the Portland Police Bureau (PPB). His duties in support of this contract are to provide supervision of security services provided to HCC, act as liaison with HCC personnel and management to resolve problems or concerns, ensure adequate scheduling and back-up support when needed, supply necessary officer uniforms and equipment, and arrange training updates and certifications. Approximately 20% of Jeff’s time both directly and indirectly will be dedicated to supporting this contract. Please refer to Attachment D for resumes. c. How would the City access service and support? What days and hours is service available? During patrols of HCC our officers carry a PPI mobile phone to connect with City personnel as needed: (503) 593-9593). The City may contact the PPI office anytime of the day or night at 503-224-7383 with questions or concerns, or to arrange for services. If urgent, HCC personnel may contact a supervisor or the COO, Tom Hunt, through our dispatcher at

Portland Patrol Inc.

503-224-7383. The City may also contact any of our officers to request assistance or services. PPI contracts security services 24 hrs per day, seven days per week. The schedule below is the regular work schedule currently in effect at the HCC and proposed for this bid. Officers Standley and Leach support one another by covering shifts and hours when on vacation, sick leave or otherwise unavailable.

Proposed Weekly Work Schedule listing normal days and hours of service

Officer Monday Tuesday Wednesday Thursday Friday Ofc. Standley 7:30 AM – 5:00 PM (or 7:30 AM – after public meeting) 5:00 PM Ofc. Leach 7:30 AM – 7:30 AM – 5:00 7:30 AM – 5:00 PM PM (or after pub- 5:00 PM lic meeting or Market)

d. List other key personnel and roles. Provide resumes and percentage of time that will be dedicated to this project: Key personnel assigned to provide security services at HCC are PPI Officers Charlie Standley and Denise Leach. Both officers are currently assigned at HCC. Officer Standley has been a part of HCC security for many years and responsible for helping develop daily procedures and polices over the long term. Each officer currently works part-time hours working together to adjust shifts and hours (to avoid generating O.T.) to meet the needs of HCC’s security coverage for normal security service and night meetings and the Night Market.

Officer Charlie Standley

Officer Standley began his law enforcement career with the City of Forest Grove in 1965 – 1976. He was later hired as Chief of Police for the City of Rainer, 1976-1979, City of Banks, 1979-1980, Police Sergeant at Cornelius from 1980-1990 and Chief of Police, Cornelius, 1990-1999. From 1999-2002, Charlie was the Chief Deputy for Washington County Sheriff’s Office. During his many years at HCC, he has developed strong working relationships with HCC personnel and management staff. On countless occasions, Charlie has identified security problems and developed solutions to address them.

Officer Denise Leach

Officer Leach has 25 years’ law enforcement experience. She was hired as a police officer for Astoria Police Dept from 1988-1997 and Hillsboro Police Dept from 1997-2013. Officer Leach works closely with her partner, Officer Standley, to share information about security problems and support one another in ensuring all security hours at HCC are staffed.

PPI maintains a staff of experienced, armed officers with nearly 20 years’ experience each to provide back-up

Portland Patrol Inc.

support at HCC due to vacations and/or sick leave, etc. Each support officer has experience at HCC, has been trained and is familiar with HCC procedures and policies.

Backup support officers for HCC include:

Lieutenant Adrian Perez

A/Lt. Perez was a police officer for 22 years in California beginning at Colusa Police Dept and completing his career at Sutter County Sheriff’s Office in June 2015. He is a DPSST certified in- structor for PPI and shift supervisor/administrator.

Lieutenant Steve Marshall

Lt. Marshall retired from the U.S. Air Force military police after 32 years as a (military security forces) police officer and supervisor. Steve supervises the afternoon shift at PPI and manages PPI bike inventory and maintenance duties.

Officer Chris Conboy

Officer Conboy has over 19 years law enforcement experience completing his career at Aurora Police Dept as Chief of Police. He also has extensive armed security experience from 2010 to the present.

Other Key Personnel (please refer to Attachment D, Resumes):

Pam Hren: Pam is the CEO and is responsible for operational and administrational oversight of PPI. She will provide additional focus and guidance in personnel areas regarding benefits and insurance. As CEO, 100% of her time at PPI is focused on guiding and supporting PPI operations.

Dorian Yee: Dorian is the president of PPI. His duties include ensuring the successful operation of PPI, including financial duties, human resource matters, and compliance with state and Federal laws. Along with our CEO and company owner, John Hren, Dorian is also responsible for PPI’s strategic direction and reinforcement of a company culture that supports the values that underline this security contract project. As president, 100% of Dorian’s activities focus on all facets of PPI operations that support the success of this project.

Thomas Hunt: Tom is the Chief Operations Officer for PPI with oversight over all the company contracts. Tom’s primary responsibility is developing and implementing the operational plans to accomplish our contract goals. He is responsible for quality control and customer satisfaction, making sure that problems are addressed, docu- mented and conflicts mediated. He is also responsible for the clear communication of project goals and objectives

Portland Patrol Inc.

to all employees. Tom and Lt. Jeff Kaer will work together to ensure that effective security services are provided at HCC and any problems are resolved. Approximately 10% of Tom’s time will be dedicated to this project.

D. Methodology/Approach a. Describe the approach to this work and plan for implementation, training and proposed schedule: The general approach to the work at HCC at the beginning of each shift will include initial patrols of the facilities and bathrooms and checking parking lot areas for unauthorized parkers. Officers will be expected to provide routine information and directions to visitors at HCC and address issues of skateboarding, bicycles and smoking in the designated areas of the center. Officers will be responsive to emergency calls and be available to assist employees i.e., walking them to their car or contacting suspicious persons. Officers will log all incidents and significant actions in the HCC daily log and ensure the HCC premises are secure and locked at the conclusion of each shift. Lt. Kaer will be the primary point of contact for HCC personnel concerning security issues or operations.

The scheduling model to be used to staff this contract will rely on the use two officers dedicated to HCC who will work part-time as a team so that full time coverage and special events in the evenings can be covered without incurring the use of overtime. Each of the officers assigned to HCC will flex shifts and hours as needed to ensure the coverage schedule in Attachment B of this RFP is achieved weekly.

Applicants hired by PPI and those assigned to this contract must possess the skills and abilities to operate in an environment that requires them to make independent decisions and use excellent communication skills in problem solving activities. They must be able to relate to and communicate well with all members in the community and be able to resolve conflicts professionally (this means acting in a knowledgeable, polite, caring and cool- headed manner).

PPI properly equips, trains, and screens all security officers and supervisors. Each is licensed by the State of Ore- gon through The Department of Public Safety Standards and Training (DPSST), and all meet the requirements of ORS Chapter 181, “Regulation of Private Security Providers” and OAR Division 60, “Private Security Services Pro- viders Rules.” PPI’s “three-phase” training program vastly exceeds the state’s requirements by providing new hires an average of 240 hours of training before they are permitted to patrol solo. Officers also receive up to 40 hours in-service training annually to update officers on laws and ordinances, community resources, customer service needs and other security information.

Recently, PPI has begun using new technology in electronic security patrol management called GuardTek, software by Trackforce. PPI can envision the potential application of this new electronic security software to enhance security services at HCC. This may be a valuable tool for future discussions. The GuardTek software utilizes RFID chips which may be affixed to strategic locations within the HCC site to provide a “digital logbook” of officers’ patrols, tracked by location and time. The GuardTek software also provides the ability to document incidents or problem individuals, record photographs, maintenance concerns, and other notable issues. This documentation can easily be customized based on the needs of any given site and provide HCC management key data concerning possible problem areas i.e., parking garage, main facility, offices, perimeter areas, night market or evening meetings. This program is already being used successfully by PPI officers in other contracts and may be a useful tool is improving the efficiency of providing security at HCC.

E. Social Justice

Portland Patrol Inc.

a. Provide examples of how PPI promotes and succeeds in obtaining workforce diversity: Establishing a diverse workforce and employee equity are corporate realities at PPI, not just catch phrases. That commitment is not only recognized but shared by management in all aspects of our company. Our success is reflected in the number of female and minority employees who work for PPI, including in supervisory and management capacities. Fe- males and minorities are actively recruited. Most recently, PPI hired Pam Aneshansley Hren as our new female CEO and Rachel Kazangian our new recruitment and Human Development manager. Ms. Kazangian conducts recruitment efforts in communities i.e., Mt. Hood C. College, Clark College and Washington State University, where diversity is an important value which in turn promotes diversity in our own candidate pool at PPI. Currently, by the numbers, PPI’s workforce has 23% female members and 32% minorities. Out of a supervisory pool of eleven, this includes one African American female and one Hispanic male. Out of the management pool of four, PPI employs two females at the management and executive levels and one Asian employee as the company president. PPI is also a certified veterans’ employer; veterans comprise 27% of PPI’s workforce.

Additionally, ongoing efforts are made through PPI policy, education, marketing and supervision to ensure that our company work atmosphere is equitable and supportive of every PPI employee. For example, PPI invites Ore- gon BOLI instructors to provide annual In-Service training to officers and specific training for supervisors to help ensure a safe and equitable place for employees to work. Four supervisors, including a female manager, have completed a State of Oregon training course sponsored by BOLI regarding harassment and workplace problems to improve our company response and help in establishing a safe point-of-contact for employees who need help. PPI is a member of the Portland Business Alliance Partners in Diversity and PPI president Dorian Yee is a member of the board.

F. Proposed Price: The PPI price proposal for this RFP is contained in Attachment C.

ATTACHMENT B City of Hillsboro Armed Guard Security Services Schedule

Civic Center Schedule

Standard Public Meetings Coverage

Planning Commission 2nd & 4th Wednesday of the month Planning & Zoning hearings Board 1st & 3rd Wednesday of the month Hillsboro Landmarks Advisory Committee (HLAC) 3rd Wednesday of the month City Council 1st & 3rd Tuesday of the month Finance Committee 2nd Tuesday of the month Transportation Committee 4th Tuesday of the month Municipal Court Every Tuesday AM

Coverage Hours Monday – Friday 7:30 – 5:00 PM*

Ad Hoc Coverage *Coverage of meetings listed above or additional events as needed

COVERAGE SCHEDULE

Day Coverage Hours Frequency Weekly – 52 weeks (unless City offices are Monday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM closed)

Tuesdays Muni Court 5:00 PM Weekly – 52 weeks Council or until (unless City offices are Finance Committee after closed) Transportation Committee public Regular Civic Center complex/Block Patrol meeting Tuesday Market coverage until 9:00 PM after du- ** or ties of public meeting are fulfilled 7:30 AM Market

Wednesdays Planning Commission 5:00 PM Weekly – 52 weeks Planning & Zoning Hearings Board or until (unless City offices are Hillsboro Landmarks Advisory Committee after closed) Regular Civic Center Complex/Block Patrol public 7:30 AM meeting

Weekly – 52 weeks (unless City offices are Thursday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM closed)

Weekly – 52 weeks (unless City offices are closed) Friday Regular Civic Center Complex/Block Patrol 7:30 AM 5:00 PM

ATTACHMENT C - Price Proposal

Breakdown of costs:

All armed officers regularly scheduled to the HCC, including backup or substitute officers, are prior law enforcement officers with at least five or more years active sworn police experience as required by this RFP. Unarmed officers requested by HCC to provide security for special events are specifically trained on HCC protocols, but are not prior police officers.

PPI will ensure that all officers assigned to HCC are supplied with appropriate uniforms and equipment at no additional contract costs. Note: it is expected that HCC will provide a mobile phone and service to be utilized by officers assigned at HCC to communicate with HCC personnel as needed. Additionally, it is expected that HCC will provide any needed workstation, desk, etc. to be used by officers in performing their duties.

All other overhead costs including management, supervision, training, vacation, sick leave, equipment, certifications, and service location at the HCC are provided under the following proposed billing rate.

Officers assigned to HCC will begin and end their shift at HCC without incurring travel costs to HCC.

Price sheet:

Since the signing of our 2011 contract with HCC, PPI has not increased its billing rate to the City of Hillsboro. During this time, approximately 8 years, operating costs and employee salaries have risen significantly due to cost of living increases and inflation. PPI places a high value on our relationship with HCC and desire to continue providing their security services. As a result, the proposed rate in this bid represents a raise in our current rate to accommodate the increases in operating costs but one that carefully considers our strong working relationship with HCC and desire to remain competitive.

Armed officer rate schedule: The armed officer hourly billing rate for this contract proposal is: $37.96

Overtime (OT) charges apply for any officer working more than 40 hours per week at HCC. OT is calculated at 1.5 times the regular hourly rate, or $56.94.

No other fees or charges additional to the billing rate is anticipated.

Cost of living increases: PPI anticipates increases to current billing rates in future years consistent with City of Hillsboro COLA factor.

Fee structure and operational plan: The above fee structure is based on our efforts to hire and assign officers who reside near HCC and have a connection to the Hillsboro community thus allowing PPI to eliminate most transportation costs and improve effectiveness in working with local entities i.e., city and county offices in Hills- boro including Hillsboro Police. On the occasion that a substitute officer must fill in at HCC to cover regular officers who are on vacation or sick, transportation costs, if any, are borne by PPI. Substitute officers’ hours are flexed at PPI to avoid incurring OT charges to HCC.

PPI’s primary officers assigned to HCC (Officer Charlie Standley and Officer Denise Leach) are considered part- time and as such are able to be flexible in scheduling to eliminate the need for OT. Our officers understand that shift times, especially on days when there are council meetings or market nights, may vary unexpectedly and require officers to extend their hours to satisfy the needs of HCC operations.

Proposed rate for evening ad hoc meetings, including minimum call out time and advance notice: No additional charges other than the regular hourly billing rate will apply if an ad hoc evening meeting requires the officer to extend his or her hours while at work to provide the additional security coverage. Call outs for ad hoc meetings or events without a minimum notice of at least two days may result in O.T. charges.

Hourly unarmed rate schedule: The unarmed hourly billing rate $27.72

ATTACHMENT D RESUMES

John Hren, Board Chair

John was hired by Portland Patrol Inc., in 1998 and promoted to the position of Chief Executive Officer in 2000. He became the Board Chair in 2016. His time with PPI is devoted to ensuring the successful operation of PPI which includes: financial oversight, human resource matters, and compliance with state and Federal laws, specifically outlined in ORS 181 and OAR 60. He is also responsible for PPI’s strategic direction and reinforcement of a company culture supportive of the values and standards underlined in the Clean & Safe project.

From July 1998 until June 2000 John was the Supervisor of Pioneer Courthouse Square Contract Operations. During that time, he developed the security methodology still used in the Square today.

John oversaw all of the City’s SmartPark Security operations from July 1999 until June 2000. At the request of the Association for Portland Progress (now the Portland Business Alliance), he took over the security program for SmartPark Garages, which was over budget and underachieving. He successfully developed a security plan that not only stayed within budget, but made up for the previous shortfall. The program was successful, resulting in a decrease in crime and the fear of crime in the parking system. When the City elected to go with a less expensive security company for SmartPark John assisted in that transition. When that contractor was unsuccessful, the City approached PPI and asked them to take over security for the SmartPark system. John recommended that the Clean and Safe umbrella be used as part of his program of security for the system. John assisted the Association for Portland Progress’ transition to the Portland Business Alliance in regard to the Clean & Safe program. He has developed a sound working relationship with the Alliance that has resulted in a partnership based on mutual trust, respect and the knowledge that both sides simply want what’s best for the Clean & Safe District. The relationship has been solid and has functioned without incident for over a decade and a half.

John believes that all security work is problem-solving based and that virtually all problems are solvable. The most difficult problems simply require bringing the right team together. PPI has developed such a team. John is active in the community and was a founding member of both the Greenhouse and New Avenues for Youth programs. He is a past board member of Advantis Credit Union (for twenty years) and is a current board member of the PPB Sunshine Division.

John retired from the Portland Police Bureau as a Captain with more than 27 years of service. He has extensive experience in supervision, management, human resource issues, emergency communications, investigations and community policing.

ATTACHMENT D RESUMES

Pam Aneshansley Hren CEO

Pam Aneshansley Hren became an owner of Portland Patrol Inc., in May of 2007. Her ownership role was limited in the beginning to Board level decision making. As such, she was not a part of day to day management. In 2010, Ms. Hren became more involved in the regular management of the Company. In January 2015 she retired after 28 years of service with Providence Portland Medical Cen- ter. Once retired, Ms Hren has become part of the transition team as CEO Cliff Madison retired and Dorian Yee became the interim CEO to be trained under Mr. Madison. Once, Mr. Yee’s transition had been completed, Mr. Yee trans- ferred to the role of President and Ms. Hren became the CEO, a position she holds today.

Ms. Hren is both the PPI DPSST executive and a licensed unarmed officer. She values the importance of under- standing the details of street-level security as well as an overview of the entire scope of the company’s operations. Ms. Hren believes that all security work should be problem solving based and that our security officers can make a positive difference in the lives of others. Through her experiences with leading staff, Ms. Hren can find many similarities between her career at Providence and her career at Portland Patrol. Both offer the opportunity to work with a wide variety of people with diverse backgrounds.

 At Providence Portland, Ms. Hren most recently served as a Quality Management Coordinator specializing in Risk Management. Her responsibilities included coordinating the hospital’s response to complaints, claims and legal actions.  She has extensive experience in supervision, management, complaints, claims and investigations. During her career, she held a variety of positions including bedside nursing for 5 years and supervision of the day shift of a 30 bed intense medical surgical unit.  While a leader on the Medical Surgical Unit, she was responsible for staff scheduling, staff evaluations and the daily overall supervision for the staff and patients on this unit.  She held a national certification as a Diabetes Educator so that she could better lead her staff in current Dia- betes practice.  She was also involved in developing Policies, Procedures and Standards of Practice for both her local facility and at a regional level.  She was also part of the staff of the University of Portland, coordinating nursing students’ practicum experiences.  Ms. Hren is also active in the community and serves as Board Chair emeritus of the PPB Sunshine Division.  She is the immediate past chair of her home owners’ association. While serving as chair, Ms. Hren led the HOA through the largest condemnation action in U.S. history.

ATTACHMENT D RESUMES

Dorian D. Yee President

As President of Portland Patrol Inc., (PPI), Dorian leads PPI’s efforts in growth, business development and relationship management. He is a seasoned professional with over 35 years of experience, specifically in the financial services sector. Dorian brings extensive experience in responsible financial management, local market leadership, business relationships and the ability to strengthen brand value. Dorian’s experience working with clients in numerous industries, including financial services, local government, hospitality and entertainment, real estate, manufacturing, healthcare, insurance, and social and human service organizations play an important role in his ability to lead PPI. Dorian graduated from Southern Oregon State College.

Dorian’s role in working collaboratively with businesses, property owners and strategic partners such as the Port- land Police Bureau, Clean & Safe, the Office of Neighborhood Involvement Crime Prevention Coordinators, and community groups to develop solutions and solve problems has continued to distinguish PPI as the leader in the private security sector in the downtown Portland community Aside from his work, he is actively involved in the number of organization such as:  Transition Projects, Inc., – immediate past board chairperson,  Public Safety Action Committee – member,  Downtown Security Network – member,  Downtown Retail Council – member,  Downtown Neighborhood Association – member,  Old Town Chinatown Community Association – member,  Lang Syne Society – member.

In the past, Dorian participated on the following boards and committees:  Old Town Chinatown Neighborhood Association as director,  Old Town Chinatown Business Association as founder and chair-person,  Clean & Safe as a director,  Portland Classical Chinese Garden as a director,  Historic Old Town Chinatown Business Committee (HOT),  Old Town Chinatown Visions Committee – member and chair of Business Development Committee,  Oregon Business and Aging Coalition as chair,  Portland Police Bureau Budget– citizens advisory committee member,  Portland Police Bureau – citizens advisory committee member, Project 57 (Service Coordination Team),  Old Town Chinatown URA Budget committee member.

ATTACHMENT D RESUMES

Thomas Hunt Chief Operations Officer

Tom was hired by Portland Patrol Inc. in September of 2017 as the incoming Chief Operating Officer. As the COO, Tom oversees the day to day operation of PPI. The duties include oversight and supervision of patrol and administrative operations, review and development of company policies and SOP’s, evaluation of staffing strategies, recruitment and hiring of personnel, and managing contracts.

Tom retired as a captain from the Portland Police Bureau after more than 27 years of service. He was responsible for overseeing the Records Division, including supervision and management of all personnel, recruitment and hiring, resolving personnel and human resource matters, and managing the division budget. In addition to these duties, Tom created and implemented a unit dedicated to servicing all matters related to public records and managed the research and development of the bureau’s body-worn camera program.

Tom also served as the captain of Central Precinct. In this capaCity, Tom managed all patrol operations and shifts; managing over 100 police officers in addition to the Neighborhood Response Team, the Street Crimes Unit, the Mounted Patrol Unit, and the Outreach Car, a small team of officers dedicated exclusively to working with service providers on issues surrounding homelessness. During his time at Central Precinct, Tom enjoyed partnerships with many citizen and business community members and worked with them to resolve issues related to community livability and public safety.

Tom also has extensive experience in police patrol operations:  Tom worked at all three precincts through his career  Neighborhood Response Team,  Tactical Operations,  Team leader of the Crisis Negotiation Team,  Detectives Division (sergeant and lieutenant),  Personnel Division (sergeant)  Throughout his career, Tom has worked collaboratively with the citizens of Portland and various partners in City, state, and Federal agencies to serve the citizens of Portland and promote the safety and wellbeing of our community.

In addition to his regularly assigned duties, throughout his career Tom has been involved in many community policing and community engagement efforts. Tom worked more than 10 years with the Police Activities League, 24 years with Camp Rosenbaum and the Rosenbaum Foundation, a founding member of the Z-Man Scholarship Foundation, and is a current Executive Board member of the Portland Police Sunshine Division. Tom has studied business and criminal justice at Mt. Hood Community College and Portland State University.

ATTACHMENT D

RESUMES

Jeffrey Kaer Lieutenant/Day Shift Operations

Jeff joined the management team at PPI in January 2017 as a lieutenant in charge of day shift operations including scheduling, problem solving, complaint investigations, liaison with police and community members. Jeff supervises security services for the Hillsboro Civic Center. Additionally, he oversees training, equipment, uniforms, hiring processes at Portland Patrol Inc.

Jeff was a member of the Portland Police Bureau (PPB) for almost 27 years retiring in October 2016 as a police lieutenant. While with the PPB, Jeff held many assignments to include patrol, field training officer, firearms, defensive tactics and emergency vehicle in- structor

Jeff has served in the following capacities:  Over the past 14 years Jeff has volunteered countless hours in support of the Law Enforcement Torch Run, an organization of Law Enforcement members supporting Special Olympics; he also sat on the Special Olympics Oregon Board of Directors for 6 years  Night Shift Commander at Southeast Precinct  Lieutenant, Detective Division overseeing investigations for crimes such as Sexual Assault, Human Trafficking, Robbery, Elder Crimes, Computer Forensics and commander of the Hostage Negotiation Team  Executive Officer for the Operations Branch, Portland Police Bureau

Jeff also believes in continued education earning a bachelor’s degree and then a Master’s Degree in Administration of Criminal Justice.