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Home My WebLink AboutPer Mar Security & Research Corp,-7/13/2015SECURITY SERVICES Pfease return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 Security Officer Services Contract 31- Loh This agreement is made and executed this -46th -'day of 1"e; 2015, by and between Per Mar Security & Research Corp., an Iowa Corporation (hereinafter called "Per Mar") and City of Waterloo Waste Management (hereinafter called "Client") for the term beginning 1st day of July, 2015, and a duration of two years. At the end of this term, this agreement will automatically renew for a like term. Whereas, Client maintains and operates a waste management facility in the City of Waterloo, State of Iowa. Now, for the consideration hereinafter set forth, the following is agreed by and between the parties: 1. That Client engages Per Mar to furnish Security Officer service at the above Client location under the terms as set forth below. 2. Without limiting responsibility of Per Mar for the proper conduct of the Security Officers and the protection of the protected property, the conduct of the Security Officers is to be guided by policy and rules agreed upon between Client and Per Mar; and such other special written instructions applicable to the services as may be agreed upon by the parties from time to time. 3. Per Mar is responsible for the direct supervision of its Security Officers through its designated agent at the premises to which this contract relates and such agent will in turn be available at all reasonable times to report and confer with the designated agent of the Client with respect to the services. 4. Per Mar agrees that the protection services covered by this contract shall be performed by qualified employees in conformity with practices current in the security industry. Per Mar further agrees that, upon request from Client, Per Mar will remove from service hereunder any of its employees who, in Client's opinion, is guilty of improper conduct, as quickly as a qualified replacement can be made available. a. In the event Per Mar cannot timely remove an employee deemed unacceptable by Client, Client may terminate this agreement without penalty. Both parties shall agree upon the timely circumstances as needed. 5. All personnel required for the performance of this agreement shall be employees of Per Mar, and that Per Mar shall be responsible for the payment of compensation, payroll taxes (federal, state and local), worker's compensation and liability premiums. Where required, Per Mar shall be responsible for the furnishing of uniforms and identification badges. 6. Per Mar shall provide Security Officer service for a minimum of 83.5 hours per week unless a coverage change is specifically agreed to by both Per Mar and Client. The billing rates and equipment costs are based on this minimum; therefore, any permanent reduction in hours will automatically allow for a pricing re -opener to negotiate an increase in the hourly billing rates to adjust for the diminished hours. 7. For the services hereunder, Client will pay Per Mar as set forth in the following schedule of billing rates. Per Mar's invoices are payable upon presentation to Client, without deduction or offset of any kind or nature whatsoever. Client agrees to pay Per Mar interest at one and one-half percent per month or such maximum amount as permitted by law, whichever is less, on any invoice not paid within thirty days of invoice date. In the event Per Mar incurs costs associated with enforcing this or any other provision of this agreement, the costs, to include attorneys fees will be paid by the Client. SCHEDULE OF BILLING RATES Position Hourly Rate Security Officer $14.23 PMS8509 Rev 10/17/2014 Page 1 of 2 Overtime & Holiday Rate $21.35 The above billing rates shall apply during the term of this contract; however, if a change in state or federal minimum wage rates, or if any other legislation or regulation, whether federal, state or local, that adversely affects Per Mar's direct labor and/or payroll tax costs, Client agrees to pay the revised billing rates which will reimburse Per Mar for its added costs. Client also agrees to pay revised billing rates to reimburse Per Mar for added costs resulting from increases in Per Mar's insurance premiums. In addition to the schedule of billing rates provided herein, the Client shall pay any sales or service taxes which Per Mar is required to charge under applicable laws. Per Mar shall invoice Client for services weekly. If Client deems the revised billing rates unacceptable, Client may terminate the Agreement upon thirty (30) days' advance written notice, to be given within thirty (30) days following receipt of Per Mar's written notice of a proposed rate increase. 8. These billing rates are applicable without regard to any overtime pay which may be paid by Per Mar to its employees. It is further agreed that where conditions exist at the protected property that would require the assignment of Security Officers in excess of the number of hours as specified in Paragraph 6, Client shall pay Per Mar the overtime billing rate as incurred for those hours in excess of the minimum hours per week, as set forth in the schedule of billing rates. 9. Client shall pay the holiday billing rate as specified in the schedule of billing rates for service rendered on the ten following holidays: New Year's Day, President's Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. 10. It is understood and agreed that Per Mar is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Client's premises shall be obtained by Client; that Per Mar is being paid for security services designed to augment Client's overall security program and the amounts being charged by Per Mar are not sufficient to warrant against loss; and Per Mar does not assume responsibilities for any losses which may occur unless due to Per Mar's sole negligence. Per Mar shall indemnify the Client for losses arising from the negligence or intentional misconduct of Per Mar or its employees and agents. Nonetheless, Per Mar shall be required to show proof of general liability insurance covering at least one million dollars per occurrence and list Client as an additional insured. 11. Client shall not employ an employee of Per Mar during the term of this contract and from one year after the date of termination thereof, and Per Mar shall not employ any employee of Client during the entire term of this contract or for one year after the termination thereof. 12. Either party may terminate this contract by serving the other party with written notice at least thirty days prior to the termination date. An unsatisfactory payment pattern by the Client shall constitute good cause, and service, at Per Mar's option, may be terminated immediately without penalty. 13. This contract may be reopened, upon the request of either party, one time in each consecutive twelve-month period during the term of this contract for the purpose of negotiating revised billing rates for the Security Officer service herein provided. These billing rate revisions are exclusive of those specified in Paragraph 7. 14. This agreement constitutes the entire agreement and understanding between the parties superseding all prior representations, understandings, discussions, negotiations, commitments, and agreements of any kind. The undersigned representatives have express authority to bind their companies with respect to all matters requiring approval or authorization of the above terms and conditions. In witness whereof, the parties hereto have executed this agreement as of the day and year first above written. Per Mar Security & Research Corp. P.O. Box 4227 Davenport, Iowa 520 By: Name: 5 4 L2` / VFC Title: r)i fr S (d Pr rido--1,‘--- Date: 7/2, ert� PMS8509 Rev 10/17/2014 City of Waterloo Waste Management 3505 Easton y ' enue Waterloo, I 50702 By: ,, Name: Title: Date: Page 2 of 2 Erne i- 1 /1 3// -