HomeMy WebLinkAboutPer Mar Security Services - Waste Mgmnt Facility - 9/9/2019SECURITY
SERVICES
Security Officer Services Contract
This Contract is made and executed this `T&' day of September, 2019, by and between Per Mar Security &
Research Corp., an Iowa Corporation (hereinafter called "Per Mar") and City of Waterloo, Iowa (hereinafter
called "Client").
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. Subject to the terms and conditions of this Contract, the term shall begin
September 23, 2019 and continue through September 30, 2022, unless extended for an additional 2 -year
term by written agreement of the parties. The Contract term shall be subject to further annual extensions
upon written agreement of the parties. If a party desires not to extend the renewal term, it shall provide at
least 60 days' advance written notice to the other party.
2. Without limiting responsibility of Per Mar for the proper conduct of the Security Officers and the
protection of the 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 partiesfrom time to time. Required security officer services are listed in
Attachment A but are not limited to the listed services.
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 chargeable with improper conduct, as quickly as a qualified replacement can be made
available. Per Mar may not assign, delegate or subcontract any of its obligations hereunder without the
prior written consent of Client.
5. All personnel required for the performance of this Contract shall be employees of Per Mar, and Per Mar
shall be responsible for the payment of compensation, benefits, 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. Per Mar shall also furnish all equipment, tools and
devices necessary for performance of the Contract services.
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 the
date the invoice is received by Client. In the event Per Mar incurs costs associated with enforcing this or
any other provision of this Contract where Client is solely at fault, the costs, to include attorney's fees, will
be paid by the Client.
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Position
Security Officer
Year 1
Hourly
Rate
$15.85
SCHEDULE OF BILLING RATES
OT/Holiday
Rate
$23.78
Year 2
Hourly OT/Holiday
Rate Rate
$16.57 $24.86
Year 3
Hourly OT/Holiday
Rate Rate
$17.29 $25.94
The above billing rates shall apply during the term of this Contract; however, if there is 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 revised mutually
agreed upon billing rates which will reimburse Per Mar for its added costs if Par Mar can provide proof and
satisfactory justification for increased cost burden. These rates shall apply from the mutually agreed date
but shall not be retroactively applied for past invoices without Client's approval. All cost increases are
subject to City of Waterloo City Council approval. Per Mar can invoice Client for services weekly Client is
tax exempt.
Please select from one of the following options concerning vehicles:
® Option 1: No vehicle needed for contract.
0 Option 2: Per Mar agrees to lease vehicles for the amount of $1.00 per year, per vehicle. Per Mar
agrees to be responsible for insurance in respect to the liability to third parties and physical damage to the
vehicle(s) subject to a
$1,000 deductible for the duration of this lease only when the vehicle is driven by a Per Mar employee.
Client understands they will continue to provide liability and physical damage insurance on the vehicle(s)
when the vehicle(s) is/are not driven by a Per Mar employee. Per Mar will bill you $ per month for
vehicle insurance on the vehicle(s).
0 Option 3: Client is providing insurance on vehicle(s) and is responsible for insurance on such vehicle(s)
including third parties and physical damage to the vehicle(s) even when the vehicle(s) is/are driven by a
Per Mar employee. Client understands that their insurance would be primary.
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 under which Client
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 theschedule of billing rates.
9. Client shall pay the holiday billing rate as specified in the schedule of billing rates for service rendered
on the six following holidays: New Year's Day, Memorial Day, Independence Day (July 4th), Labor Day,
Thanksgiving Day, and Christmas Day.
10. Per Mar shall furnish proof of insurance in accordance with the Client's Request for Proposals (RFP).
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, unless such employment occurs as a
result of a general solicitation that is not targeted to the employee.
12. Either party may terminate this Contract for good cause, without penalty, provided that the other party
has not cured any default within 14 days after written notice from the other party that specifies the default.
An unsatisfactory payment pattern by the Client shall constitute good cause for Per Mar to terminate the
Contract, and an unsatisfactory performance pattern by Par Mar shall constitute good cause for Client to
terminate the Contract.
13. This Contract shall include and be composed of: (1) this Contract and all exhibits hereto, if any, (2) the
RFP, including Responses to Requests for Clarification, addenda, and attachments to the RFP, if any, and
PMS8509 Rev 10/17/2014 Page 2 of 3
(3) Per Mar's proposal. All documents identified in clauses (2) and (3) are hereby incorporated by
reference. In the event of any conflict or inconsistency between this Contract and the other documents
comprising the Contract, the hierarchy of precedence shall be as listed above.
14. This Contract 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.
15. This Contract shall not be amended, modified or supplemented without the written agreement of
the parties.
16. This Contract shall be binding upon and shall inure to the benefit of each of the parties and their
respective successors and permitted assigns.
17. This Contract may be executed in one or more counterparts, including signed counterparts
transmitted by electronic means, each of which shall be deemed an original and all of which together
shall constitute one and the same instrument.
In witness whereof, the parties hereto have executed this Contract as of the day and year first above written.
Per Mar Security & Research Corp.
P.O. Box 4227
Davenport, Iowa 52808
By:
City of Waterloo, Iowa
c/o 3505 Easton Avenue
Waterloo, Iowa 50702
By:',l
Name: Todd Parman Name: Quentin Hart
Title: General Manager Title: Mayor
Date: 9/19/19
Date: / C\ / `\
PMS8509 Rev 10/17/2014 Page 3 of 3