HomeMy WebLinkAboutPer Mar Security Agreement - Waste Management Facility - 10.3.2022SECURITY
SERVICES
Security Officer Services Contract
This contract is made and executed this 12th day of September, 2022, by and between Per Mar Security & Research
Corp., an Iowa Corporation (hereinafter called "Per Mar') and The City of Waterloo.
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 October 23, 2022 and continue
through October 23, 2025 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 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 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 prior written consent of the client.
5. All personnel required for the performance of this contract shall be employees of Per Mar, and that 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 107 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 the 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 attorneys fees will be paid by the Client.
SCHEDULE OF BILLING RATES
Position Year 1 Year 2
PMS8509 Rev 10/17/2014 Page 1 of 2
Year 3
Security Officer
Hourly OT/Holiday Hourly OT/Holiday Hourly OT/Holiday
Rate Rate Rate Rate Rate Rate
$18.38 $27.57 $19.11 $28.66 $19.85 $29.77
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 mutually agreed upon billing rates which will
reimburse Per Mar for its added costs if Per 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.
❑ 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).
❑ 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 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 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.
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 Per Mar shall constitute good cause for the client to terminate the contract.
13. 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.
14. This contract shall not be amended, modified or supplemented without the written agreement of the parties.
15. This contract shall be binding upon and shall inure to the benefit of each of the parties and their respective
successors and permitted assigns.
PMS8509 Rev 10/17/2014 Page 2 of 2
16. This contract may be executed in one of 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 agreement as of the day and year first above written.
Per Mar Security & Research Corp.
P.O. Box 4227
Davenport Iowa 52808
City of Waterloo, IA
c/o 3505 Easton Avenue
Waterloo, IA 50702
ftart
By:
Quentin Hart
Name: / / �1_ / Name:
VP y
Title: ! �'��� Title: Ma Or
Date:�,OZZ Date: 10/3/2022
PMS8509 Rev 10/17/2014 Page 3 of 2