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HomeMy WebLinkAbout11 - PSA for Beach Fire Rings SecurityQ �EwPpRT c 9C/FOR TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 11, 2024 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director - 949-644-3650, jtafford@nbpd.org TITLE: Professional Services Agreement for Beach Fire Rings Security ABSTRACT: The Police Department requests City Council approval of a five-year, professional services agreement (Agreement) with Lyons Security Service, Inc. (Lyons) to provide beach fire rings security in the area of the Balboa Pier and at Corona del Mar State Beach. The City of Newport Beach contracts out security services to ensure that only wood or charcoal are used in the fire rings designated for each fuel. Lyons was selected following a thorough request for proposals (RFP) process that assessed the qualifications, experience, and costs of potential vendors. The requested agreement is for approximately 18,000 hours over five years at a cost of $600,000. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a five-year Professional Services Agreement for beach fire rings security with Lyons Security Service, Inc. of Anaheim Hills in an amount not -to -exceed $600,000, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Background The current Fire Ring Management Plan was approved by the California Coastal Commission as Coastal Development Permit Application No 5-14-1213, and was approved by the City Council at its June 23, 2015 meeting. The City Council also approved Ordinance No. 2015-21, revising NBMC 11.08.060 to specify the types of fuel allowed for use in the fire rings. These approvals followed more than three years of discussion and negotiation with the California Coastal Commission, the South Coast Air Quality Management District, the City of Newport Beach, community groups, and Newport Beach residents. Professional Services Agreement for Beach Fire Rings Security June 11, 2024 Page 2 Section IV — Supervision — Fire Ring Ambassadors of the Fire Ring Management Plan specifies that the City will contract with a private -sector supervision firm to "provide visitor -friendly education and information leading to enforcement". The latest three-year contract for these required services expired on December 31, 2023, so a detailed RFP process was conducted to select a vendor for a new, five-year contract. RFP Process Using specifications and service requirements provided by the Police Department, the City's Purchasing Division staff issued a formal RFP solicitation, No. 24-50, for Security Guard Services specifically at beach fire ring locations. The RFP was posted on the City's public procurement system (PlanetBids) on February 1, 2024, and was distributed directly to known providers of these services. Proposals received in the RFP process were evaluated in two phases: 1) a Technical Review worth 80% of the total score and 2) a Cost Evaluation worth 20% of the total score. The RFP instructed proposers that only those proposals earning a minimum of 70% of the available points from Phase 1 would be eligible to advance to Phase 2, in which the City's Purchasing staff would compare and calculate the costs from each proposal. Technical Review In Phase 1, an evaluation panel of subject matter experts reviewed each proposal and rated them on the following technical factors: • Qualifications and experience of the firm; • Qualifications and experience of key personnel; and • Method of approach/project approach Notably, the Scope of Services in the RFP went into detail about the requested services and how they differ from typical security guard engagements as this project centers largely around education relating to fuel allowed in the fire rings in accordance with NBMC 11.08.060. Due to the requirements of the Fire Ring Management Plan and the high volume of beach visitors encountered by the contractor, the services in the RFP were referred to as a mixture of security services and ambassador services. The ambassador services were emphasized to ensure a prospective vendor could handle the educational/customer service requirements of advising beach fire ring users of which materials can, and cannot, be burned, and where to procure such materials. Ten proposals qualified for the Phase 1 Technical Review process but only six proposals qualified to advance to Phase 2, the Cost Evaluation. The results of the Technical Review are included in the evaluation summary table on the following page. Cost Evaluation Proposers were asked to provide regular, overtime, double overtime and holiday hourly rates for security guards/ambassadors over the course of a proposed five-year contract period, which was then compared in Phase 2 (Cost Evaluation) of the RFP evaluation process. Only the proposed costs from the six proposers that advanced beyond Phase 1 were considered. SafeRock, with the lowest proposed costs, received the maximum 20 points allotted for the Cost Evaluation and the other five proposers received a number of points directly proportional to their rates when compared to SafeRock. 11-2 Professional Services Agreement for Beach Fire Rings Security June 11, 2024 Page 3 Scores from Phase 1 and Phase 2 of the RFP evaluation process were added together to determine the highest qualified proposer as displayed in the table below: RFP EVALUATION RESULTS PROPOSER TECHNICAL REVIEW (80 possible points) COST EVALUATION (20 possible points) AGGREGATE SCORE (100 possible points) RANK 247 Private Security 61.67 16.84 78.50 5 A.G. Coast Corp. 61.33 17.00 78.33 6 Alltech Industries, Inc. 63.33 16.79 80.13 4 Brapga Security Systems, Inc. 48.33 -- -- -- Citiguard 65.33 17.78 83.11 3 Kappia Security 37.33 -- -- -- Lyons Security Service, Inc. 73.33 15.04 88.37 1 Public Protective Services 25.67 -- -- -- SafeRock 67.33 20.00 87.33 2 The Writing Link 29.33 -- -- -- Conclusion of RFP Process and Recommended Vendor Lyons Security Service, Inc. was determined to be the most qualified provider of beach security services relating to the fire rings. Lyons provided the most comprehensive and responsive proposal and clearly demonstrated relevant experience and a thorough understanding of the specific ambassador -type services needed by the City. Additionally, Lyons performed very well during the last two agreement terms and the firm is highly recommended by the Police Department based on its performance. Hours/Costs The Police Department anticipates scheduling Lyons for approximately 3,565 hours per contract year, calculated using the hours actually worked over the 12-month period from April 2023 to March 2024. Hours for the Agreement were rounded up slightly from 3,466 to 3,565 hours per contract year to provide a small contingency for unforeseen events or occurrences. Costs for 3,565 hours per contract year equal $595,386 which was also rounded up slightly to the not -to -exceed amount of $600,000. 11-3 Professional Services Agreement for Beach Fire Rings Security June 11, 2024 Page 4 The regular hourly rate for the first year of the Agreement is $30.00 per hour. When compared to the rate from the prior agreement ($26.70 per hour), it is a 12.4 percent increase for the first year. The Agreement includes increases of $1.50 per hour in year two, year three, and year four and a $2.00 per hour increase in year five. Under a separate item on the City Council's June 11, 2024 agenda, the City Manager's Office is recommending City Council approval of a separate agreement with Lyons Security Service for security guard service at the Civic Center campus. FISCAL IMPACT: The adopted budget for FY 2023-24 and the proposed budget for FY 2024-25 include sufficient funding for the first year of the Agreement. It will be expensed to the Patrol Division Contractual Services account in the Police Department, 01035353-811008. Additional funding for contract increases in subsequent fiscal years will be addressed during the annual budget preparation process. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Professional Services Agreement with Lyons Security Service, Inc. 11-4 Attachment A Professional Services Agreement with Lyons Security Service, Inc. 11-5 PROFESSIONAL SERVICES AGREEMENT WITH LYONS SECURITY SERVICE, INC. FOR BEACH FIRE RINGS SECURITY THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 11th day of June, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and LYONS SECURITY SERVICE, INC., a California corporation ("Consultant'), whose address is 505 South Villa Real Drive, Suite 203A, Anaheim, CA 92807, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide security guard services for beach fire ring safety regulation and ordinance compliance ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1111=11ZI l The term of this Agreement shall commence on the Effective Date, and shall terminate on June 10, 2029, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to 11-6 completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Thousand Dollars and 00/100 ($600,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Lyons Security Service, Inc. Page 2 11-7 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Nicholas Guidice to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Police. City's Patrol Area 4 Lieutenant or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. Lyons Security Service, Inc. Page 3 11-8 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to fumish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant Lyons Security Service, Inc. Page 4 11-9 shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Lyons Security Service, Inc. Page 5 11-10 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Lyons Security Service, Inc. Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Lyons Security Service, Inc. Page 7 11-12 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Chief of Police Newport Beach Police Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Nicholas Guidice Lyons Security Service, Inc. 505 South Villa Real Drive, Suite 203A Anaheim, CA 92807 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Lyons Security Service, Inc. Page 8 11-13 Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Lyons Security Service, Inc. Page 9 11-14 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Lyons Security Service, Inc. Page 10 11-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ^ �c By: � } U'tron C. Harp �s y Attorney lay ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: LYONS SECURITY SERVICE, INC., a California corporation Date: By: By: Leilani I. Brown Nicholas Guidice City Clerk Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Lyons Security Service, Inc. Page 11 11-16 EXHIBIT A SCOPE OF SERVICES Lyons Security Service, Inc. Page A-1 11-17 EXHIBIT A SCOPE OF SERVICES 1. General Overview: Consultant shall provide beach security services to monitor the beach areas and fire rings to ensure that beach visitors observe the current ordinances and regulations. Consultant's assigned beach security guards shall also relay information to beach visitors about current burning regulations. These services shall be required at the City's fire rings located at the Balboa Pier at 801 E Ocean Front, Newport Beach, CA 92661 and Corona Del Mar State Beach located at the access road at Iris Avenue and Ocean Boulevard. 2. Scope of Services 2.1 Consultant shall assign security guards to the project sites. The Project Manager shall determine the exact number of security guards and their exact deployment locations. Beach security guards assigned by the Consultant shall provide services Monday to Sunday from 5:00 p.m. to 11:00 p.m. 2.2 Assigned beach security guards shall be on foot during assigned shifts and be clearly visible to beach visitors. 2.3 Assigned beach security guards shall act as "ambassadors" to beach visitors, educating them of current rules, and requesting compliance. This education should take place in the parking lots or sidewalks prior to the beach visitors traveling onto the beach sand, thereby preventing wood and other combustibles from getting close to the fire rings unless visitors occupy designated fire rings allowing the burning of wood. The security guards will also walk the fire ring areas to ensure compliance with the codes. 2.4 The City reserves the right to adjust service times and quantity of assigned beach security guards on holidays or any days otherwise specifically requested by the Project Manager. 2.5 Beach security guards assigned by the Consultant shall have the authority to enforce all City -imposed rules and ordinances pertaining to beach usage and fire rings by asking beach visitors for compliance. In the event there continues to be a lack of compliance, beach security guards shall contact the Newport Beach Police Department to address those situations. 2.6 Beach security guards shall not have the ability to issue citations on behalf of the City. 2.7 Beach security guards shall be able to communicate clearly in English. 2.8 For emergency contact and auditing purposes, any and all beach security guards assigned by the Consultant shall be able to be reachable by City staff via cellphone or radio at any point in time during an assigned shift. Consultant shall provide such equipment at its sole expense and responsibility. 2.9 Consultant shall make available to the City any and all assigned beach security guards for specialized training conducted by the Newport Beach Police Department on an as - needed basis. Requests for training shall be coordinated by the Project Manager. 11-18 2.10 Assigned security guards shall be provided with proper uniforms, as determined by the City, at the Consultant's sole expense and shall be fully uniformed prior to arrival on the job site. 2.11 Consultant shall make available to the City a 24-hour point of contact that can be reached to resolve any scheduling issues or no-shows. 3. City Responsibilities and Provisions The City shall provide Consultant with pay station codes that will allow assigned security guards free access to parking spaces. The City shall change the code periodically to prevent misuse. 4. Certification and Licensing Requirements Throughout the term of this Agreement, Consultant shall: 4.1 Maintain a current license from the California Bureau of Security and Investigative Services (either Security Guard or Private Patrol Operator) 4.2 Maintain a current Certified Protection Professional (CPP) license from ASIS International 11-19 �YONS ALWAYS Off! TARGET.- SECURITY SERVICE, INC. Presented To: Shaun Tormey, Senior Buyer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Email: STormey@newportbeachea.gov RF'P No. 24-50 Security Guard Services (Beach Fire Rings) For the City of Newport Beach Presented By: Nicholas Guidice, CPP President Lyons Security Service, Inc. 505 S. Villa Real Drive, 203 Anaheim CA 92807 Phone: (949) 298-6859 Nicholas@lyonssecurit3 ne.com History Lyons Security Service was established in 1982 in Sacramento, California, providing unarmed and armed guard services to local municipalities within the County of Sacramento. Lyons Security Service was purchased and incorporated (C-Corporation) on October 1, 1996, by its previous CEO/President, Kathleen Guidice. In the following years, Lyons saw rapid expansion in its operations as we went from focusing solely on Sacramento County to expanding to nationwide security guard services. During our expansion, Lyons was awarded contracts with The Department of Defense, The Department of Justice, The Department of Immigration & Customs Enforcement, and The U.S. Attorney General's Office. We take pride in handling such contracts, specifically the Department of Defense. Lyons was given an Award of Excellence by the United States Government for our outstanding services while stationed at the U.S. Army Material Command Center in Alexandria, Virginia. During 9/11, our officers mobilized individuals to safety. They secured the entire facility as it was unknown if this facility was believed to be one of the sites targeted, given the Secret Level Clearance of the building. This award displays our company's commitment to ensuring all of our officers are well -trained and prepared for all security threats, foreign and domestic. Today, we operate out of two offices, one in Sacramento and one in Orange County. As security has seen an uptick in commercial models, we teamed from our experiences and we used those experiences to provide a sophisticated, specialized security task force focusing primarily on government entities. In Orange County, we are the current preferred provider for- - City of Aliso Viejo - City of Anaheim - City of Costa Mesa - City of Huntington Beach - City of Laguna Beach (added in 2024) - City of Newport Beach - City of Orange - City of Santa Ana Lyons Security Service, Inc. — PPO 12687 February 20, 2024 Response to City of Newport Beach, RFP No. 24-50 11-20 LYONS ALWAYS ON TARnET.�- SECURITY SERVICE, INC. About Us Lyons Security strives today based on the same core principles installed in 1996: quality service with exceptional client communication. Our company offers a unique experience as we follow the five principles set forth by our founder: 1. Responsive Leadership: Interact with our internal staff and customers to achieve mission -focused, solution - oriented, innovative goals. 2. Proven Capabilities: Hire competent, qualified individuals collectively empowered to be self -managed on site yet ultimately accountable to the corporate office. 3. Training: Train our security force personnel in the latest technical requirements of the industry, as well as parameters specific to the contract. 4. Top -Down Integrity: Perform the contract's requirements as proposed, delivered as promised, with an attitude of continuous processinvolvement. 5. Quality Performance: Exceed client expectations in all aspects of performance, concentrating on quality and building on a reputation of excellence. As part of our core beliefs, Lyons prides itself on achieving positive status with all of our clients by being proactive and communicating with our clientele throughout the contract. When a security issue occurs, we respond immediately; when a client requests a change in the security plan, we respond immediately; when a client reports a problem with an officer, our supervisors and management respond immediately, Our clients boast of our open line of communication and flexibility, as we understand our service is not complete without a balance of security and customer service. Furthermore, Lyons believes our clients should never have to hear automated messages or have continuous, ongoing reported problems, which is why our telephones are answered 24 hours a day, seven days a week, by a staff member who can make a decision. Qualifications to Specific Project In June of 2017, Lyons Security Service, Inc. received a call from Carol Jacobs requesting us to quote security services for the Balboa and Corona Del Mar Fire Rings as the city was experiencing problems with its current vendor. Lyons officially took over the fire ring security project in late July 2017 and has held the account since that date. Lyons understands the significance of this project regarding how air quality affects local residents, coupled with a select approach to the project which allows us to attain maximum efficiency in obtaining obedience from wood/charcoal burning individuals. In January, we were able to successfully gain compliance with the Charcoal Burning policy on 84 individuals with only 1 non -compliant individual, who ended up leaving prior to police arrival. These key statistics have helped the city manage day-to-day complaints they receive from residents. Lyons Security Service, Inc. — PPO 12687 February 20,2024 Response to City of Newport Beach, RFP No. 24-50 11-21 LYONS ALWAYS QN TAR6ET.� SECURITY SERVICE, INC. Qualifications & Experience of Key Personnel Nicholas Guidice, CPP - President Nicholas is an ASIS Board Certified Protection Professional with over ten years of security supervision and management experience. He laid the foundation for the Southern California office during his time as the Business Development Director. He was responsible for building the entire clientele from scratch, starting from zero and moving to over 8,000 hours per week. Nicholas focused on positioning the company within a specific niche of the security industry by assisting clients with the homelessness epidemic by offering above -and -beyond customer service. His previous responsibilities included overseeing the day-to-day operations throughout Southern California and being the lead training officer for Lyons Security until 2022, when he took over ownership of Lyons Security. Officer Craig is a retired Police Captain from the Anaheim Police Department with over 28 years of law enforcement experience and has been with Lyons Security since January of 2023. He served as the Support Services Division Commander, managing the Communications Center, Detention Facility, Emergency Management Detail, Air Support Unit, Mounted Unit, Property and Records Details, and Training Detail. He also served as the Administration Division Commander, managing the Professional Standards Bureau, which included Internal Affairs, the Major Incident Review Team, and the Police Review Board. As a Lieutenant, Craig was assigned as a Patrol Watch Commander, West District Commander, Field Training Coordinator, Vice, Narcotics, and Criminal Intelligence Commander, and Professional Standards Bureau Commander. Craig also served as the Department's Homeless Outreach Commander and served as a liaison with several local, state, federal, and non-profit entities to address homelessness in Anaheim. As a Sergeant, Craig was responsible for changing the department's approach to human trafficking investigations. He led the Orange County Human Trafficking Task Force and provided training to police departments, non -profits, and community groups throughout the state. Craig is considered a field expert in Human Trafficking. Craig has a Master's Degree in Criminal Justice from California Coast University and a Bachelor's of Science Degree in Occupational Studies from California State University, Long Beach. He is a graduate of the Federal Bureau of Investigation National Academy Class #276 and the Sherman Block Supervisory Leadership Institute. Craig also volunteers as a lacrosse coach at a local high school. Lyons Security Service, Inc. — PPD 12687 February 20, 2024 Response to City of Newport Beacb, RFP No. 24-50 11-22 SiALWAYS ❑N TARGET. �• SECURITY SERVICE, INC. Mike — Chief Training Officer Mike Lozeau is a field expert in police response to homelessness. Mike spent 32 years with the Anaheim Police, retiring as a Sergeant, and he is now the Chief Training Officer for Lyons Security. Mike offers California's only POST -certified Homeless Liaison for Peace Officers course. Since joining Lyons, Mike has expanded his training experience to include the areas of defensive driving, managing hostile individuals, tactical shooting, emergency services, first aid, Narcan disbursement, and CPR. hgps://www.linkedin.com/in/mike-lozeau-03b5b62b/ my Operations Manager Assists with the day-to-day operations of the security staff. Will be responsible (along with Stuart) for scheduling staff & verifying procedures are met. James went to California State University San Marcos and studied History. James came to Lyons Security in 2019 after spending 10 years in the fast -paced restaurant industry. He has made a major impact on the company's ability to grow over the years due to his natural ability to adapt and respond to employee needs. James provides a pivotal footprint in ensuring our clients' needs are continuously met by working one-on-one with employees behind the scenes. Stuart Najarro — Orange County Operations Manager Assists with the day-to-day operations of the security staff. Will be responsible (along with James) for scheduling staff & verifying procedures are met. Stuart began his career in security after completing his armed service duty for the United States Marine Service in 2016. Stuart came to Lyons in 2023 after working as the Security Manager for Google. Stuart is currently enrolled at Pepperdine for his MBA and is a father of one. Lyons Security Service, Inc. — PPO 12687 February 20, 2024 Response to City of Newport Beach, RFP No. 24-50 11-23 LYONS ALWAYS ON TARGET. SECURITY SERVICE, INC. Orange County Field Supervisors Antonio Marquez (Day), Gabriel Honore (Day), Ryan Ghoslin (Mid -Day), Carter McDannold (Swing), Rigoberto Reyes (Swing), Carlos Martinez (Night), Brandon Tolentino (Graveyard), Jeremy Herrera (Graveyard), and Chris Marquez (Graveyard). Project Approach & Methodology The city of Newport Beach is seeking a responsible firm to hire, train, and provide beach security services to monitor the burning of firewood in the designated rings and other ordinance related to the beach and the fire rings. As outlined in the REP, the goal of this project is to monitor the beach areas and fire rings to ensure beach visitors observe the current ordinances and regulations. In this section of our response, Lyons Security Service, Inc. will demonstrate its approach and methodology for helping visitors understand the rules and regulations set forth by the city. Locations for service to be provided: - East & West Fire Rings located near Balboa Pier at 801 E. Ocean Front, Newport Beach, CA 92661 - Fire Rings located at the Corona Del Mar State Beach Iocated at the Access Road at Iris Ave., and Ocean Blvd. Hours for service to be provided: - Hours of service will be 5:00 PM — 11:00 PM daily unless weather does not permit the use of the fire rings. When rain is forecasted, Lyons Security Service, Inc. will contact the city contact and discuss whether or not the city would like to move forward with the services for that evening. The city contact will have the final decision as to cancel the service for the evening if he/she deems it necessary. Since our takeover of the beach security services in July of 2017, Lyons has been utilizing an educational technique that was developed by Lyons and approved by the city Police Department. We believe this technique allows us to communicate the city rules and regulations in a friendly but educational manner. At the start of the shift: Each officer will walk around the green and grey fire rings. The officer will document in wood and charcoal residue that may be found and document it in the Daily Activity Report. This will be the first entry the officer will make so we can verify whether or not the residue was found prior to the start of their shift. Approach Pre -igniting of materials: We have found that it is critical to meet individuals prior to the lighting of materials to be a key aspect in helping us complete the project for the city. All of our beach patrol officers are trained to stand post at the front of the green fire rings, greeting people as they pass by as well as offer a quick educational speech to anyone carrying firewood or charcoal as to which fire ring is to be used (Green vs Grey). Typically, the response we receive is positive and it allows individuals to understand the rules and regulations of city prior to making a mistake. Assisting individuals with post -ignited materials: If an officer comes by a fire ring with materials already ignited, the officer must follow our company protocol when correcting the issue. First, the officer is to politely advise the individual(s) of the rules and regulations set forth by the city. At this time, the officer will offer the individual/group a city -designed pamphlet and advise them that they will need to relocate to the proper fire ring. The officer will assist with changing the fire rings by advising the individuals of open fire rings for the type of materials they are utilizing. The officer will give the individual(s) 30 minutes to comply with the move. If the individual(s) do not comply within 30 minutes, the officer will revisit the group (or individual) and advise them of the pamphlet, the rules, and the possibility of NBPD coming out if they do not comply. If the group does not comply after 30 minutes, the officer will contact NBPD dispatch to advise of a non -compliant group or individual at the fire rings. The Security Officer is responsible for documenting this information in his daily activity report and the situation's outcome when NBPD are called upon. Lyons Security Service, Inc. — PPO 12687 February 20, 2024 Response to City of Newport Beach, RFP No. 24-50 11-24 LYONS ALWAYS ON TARGET. - SECURITY SERVICE, INC. At the end of the shift, the officer will review each fire ring for residue in each fire ring. The officer will document in his report the residue he/she finds at the end of the shift. Based on our history of utilizing this technique, we have seen great success at the first or second step and rarely require the use of the Newport Beach Police Department. We believe this technique works based on the ability to present a friendly approach, as many of the fire ring infractions are done due to not knowing the rules rather than individuals choosing not to follow the rules. Lyons Secur4 Service, inc. - PPO 12687 February 20,2024 Response to City of Newport Beach, RFP No. 24-50 11-25 EXHIBIT B SCHEDULE OF BILLING RATES Lyons Security Service, Inc. Page B-1 11-26 EXHIBIT B SCHEDULE OF BILLING RATES AGREEMENT YEAR 1 HOURLY BILLING RATES Regular Rate Overtime Rate Double Overtime Holiday Rate (1.5X) Rate (2X) Security Guard $30.00 $45.00 $60.00 $45.00 AGREEMENT YEAR 2 HOURLY BILLING RATES Regular Rate Overtime Rate Double Overtime Holiday Rate (1.5X) Rate (2X) Security Guard $31.50 $47.25 $63.00 $47.25 AGREEMENT YEAR 3 HOURLY BILLING RATES Regular Rate Overtime Rate Double Overtime Holiday Rate (1.5X) Rate (2X) Security Guard $33.00 $49.50 $66.00 $49.50 AGREEMENT YEAR 4 HOURLY BILLING RATES Regular Rate Overtime Rate Double Overtime Holiday Rate (1.5X) Rate (2X) Security Guard $34.50 $51.75 $69.00 $51.75 11-27 EXHIBIT B SCHEDULE OF BILLING RATES AGREEMENT YEAR 5 HOURLY BILLING RATES Regular Rate Overtime Rate Double Overtime Holiday Rate (1.5X) Rate (2X) Security Guard $36.50 $54.75 $73.00 $54.75 Rate Type When Does This Rate Apply Regular Rate Scheduled shift of 0 — 8 hours Overtime Rate (1.5X) Shifts over 8 hours, but less than 12 consecutive hours Double Overtime Rate Never Holiday Rate City recognized Holidays City shall not be responsible for providing for or reimbursing Consultant for any items or expenses related to travel, mileage, communications equipment or uniforms. 11-28 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented Lyons Security Service, Inc. Page C-1 11-29 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Consultant's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to the City, its City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to Lyons Security Service, Inc. Page C-2 11-30 the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Consultant ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. Lyons Security Service, Inc. Page C-3 11-31 E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Lyons Security Service, Inc. Page C-4 11-32