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. Page 1 of 2 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. Page 2 of 2 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. Page 1 of 15 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. Page 2 of 15 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